Can anyone please share whether BOCW Act / BOCW Cess is applicable for Construction within the Factory ? Sandeep Singh 9988881602
From India, Bhatinda
3From India, Bhatinda
Dear Sandeep ji,
Please read the definition of 'building or other construction work' as defined under section 2(d) of the main Act. This definition does not include any building or any construction work to which the provisions of the Factory Act, 1948 or the Mines Act, 1952 applies.
Therefore, the Act is not applicable to building or construction work in the precincts of factories and mines.
Since the main Act is not applicable to building or construction work in the precincts of factories and mines, Cess is not applicable to such building or construction work.
I came across many incidences in which the authorities demanding Cess for building or construction work in the precincts of factories. This is wrong and illegal.
From India, Mumbai
Please read the definition of 'building or other construction work' as defined under section 2(d) of the main Act. This definition does not include any building or any construction work to which the provisions of the Factory Act, 1948 or the Mines Act, 1952 applies.
Therefore, the Act is not applicable to building or construction work in the precincts of factories and mines.
Since the main Act is not applicable to building or construction work in the precincts of factories and mines, Cess is not applicable to such building or construction work.
I came across many incidences in which the authorities demanding Cess for building or construction work in the precincts of factories. This is wrong and illegal.
From India, Mumbai
Sir, thanks for your valuable inputs but if management want to baricat the construction area within factory permisse and want to declare that area out of factory. Is there any provision in law?
From India, Bhatinda
From India, Bhatinda
Dear Sandeep ji,
If your management wants to declare the construction area out of factory premises and come under the preview of BOCW Act & pay the cess, who will object? Our government needs money from company like you.
From India, Mumbai
If your management wants to declare the construction area out of factory premises and come under the preview of BOCW Act & pay the cess, who will object? Our government needs money from company like you.
From India, Mumbai
Dear Friends,
Before any one tells me that the cess money doesn't go to government, I want tell that this money goes in the account of board under the Act. Very huge money is lying with every board.
From India, Mumbai
Before any one tells me that the cess money doesn't go to government, I want tell that this money goes in the account of board under the Act. Very huge money is lying with every board.
From India, Mumbai
Dear Sandeep,
There are following points to be considered for BOCW act applicability:
1) As per the ACT “It 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. “
2) Your company’s nature / scope of work is Production as per my understanding.
3) Hence, it is not applicable to your company.
4) You must be having agreement with engineering Construction Company(Who actually carry out work).
5) So as a principle employer Ask that company to maintain all registered under this act.
6) Every month take photocopy of all registered and just maintained at your end for record.
7) Please make sure to collect photocopy of labour insurance from contractors.
Thanks,
Pramila
From India, Mumbai
There are following points to be considered for BOCW act applicability:
1) As per the ACT “It 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. “
2) Your company’s nature / scope of work is Production as per my understanding.
3) Hence, it is not applicable to your company.
4) You must be having agreement with engineering Construction Company(Who actually carry out work).
5) So as a principle employer Ask that company to maintain all registered under this act.
6) Every month take photocopy of all registered and just maintained at your end for record.
7) Please make sure to collect photocopy of labour insurance from contractors.
Thanks,
Pramila
From India, Mumbai
Dear Pramila ji, According to you, when the Act is not applicable then why you are advising PE to maintain all the registers under the Act?
From India, Mumbai
From India, Mumbai
Sir,
Just for record that will help (Principle employer), if any mishap happen at site .
And this will also help to pressurize contract to maintained it.
Senior's please correct me if I am wrong
From India, Mumbai
Just for record that will help (Principle employer), if any mishap happen at site .
And this will also help to pressurize contract to maintained it.
Senior's please correct me if I am wrong
From India, Mumbai
Dear seniors,
I discussed the matter with Assistant Director of Factories, who is cess collector in Punjab. He told that if construction / expansion work will execute within factory or out of factory CESS is payable in both cases because CESS is applicable on construction cost.
We are not interested to pay extra amount as CESS but want to ensure statutory compliances at the end of PE & Factory Manager.
I just want to clear following points
1. Present construction area comes under the factory area.
2. We have approved plot plan.
3. After baricat of construction area we will use same gate of factory for labour gate entry.
My questions are as below
1. Is CESS applicable if expansion within Factory?
2. If yes Why? As per which Section?
3. Is there any provision avaliable in act to baricat area within a factory and declare out of Factory?
Your personal cooperation is required for ensuring compliances.
Thanks & Regards
Sandeep Singh
From India, Bhatinda
I discussed the matter with Assistant Director of Factories, who is cess collector in Punjab. He told that if construction / expansion work will execute within factory or out of factory CESS is payable in both cases because CESS is applicable on construction cost.
We are not interested to pay extra amount as CESS but want to ensure statutory compliances at the end of PE & Factory Manager.
I just want to clear following points
1. Present construction area comes under the factory area.
2. We have approved plot plan.
3. After baricat of construction area we will use same gate of factory for labour gate entry.
My questions are as below
1. Is CESS applicable if expansion within Factory?
2. If yes Why? As per which Section?
3. Is there any provision avaliable in act to baricat area within a factory and declare out of Factory?
Your personal cooperation is required for ensuring compliances.
Thanks & Regards
Sandeep Singh
From India, Bhatinda
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