Dear Seniors,
We are working on the Power Projects our role is to errect Sub-Stations, Transmission lines & handover to organisation such as States Electricity Boards, Power Grid etc. on PAN India basis. We work as contractor to them & on comletion of project we move out. Currently we are working in 15 states.
I have following Question
From India, Mumbai
2We are working on the Power Projects our role is to errect Sub-Stations, Transmission lines & handover to organisation such as States Electricity Boards, Power Grid etc. on PAN India basis. We work as contractor to them & on comletion of project we move out. Currently we are working in 15 states.
I have following Question
From India, Mumbai
Dear
Based on your query of BOCW Act ,1996 & Rules, responsibility of Principal Employer and Employer (Contractor) who is engaging manpower to carry out the construction activity at site.
kindly refer Section 2. Definitions.- (1) In this Act, unless the context otherwise requires,-
Responsibilities of Employer
It shall be the duty of every employer to comply with requirements of rules
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,-
(i) 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;
(ii) 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;
(iii) in relation to a building or other construction work carried on by or though a contractor, or by the employment of building workers supplied by a contractor, the contractor;
There is inheritance ambiguity in definitions of Employer, only Haryana State has defined Principal Employer, No other State has followed suit. I am of the considerate view that registration is to be done by owner of the premises / site where work is carried out and the Contractor has to take 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 Labour Licence before commencement of 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 having the uniqueness.
Hence in 1996, Govt 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 the 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 workmen. It required to be inspected by a technical person. Hence Factory Inspector has been empowered to act as BOCW Inspector.
In this Act, for implementation purpose the Government needs fund. So they implemented the BOCW Welfare Act, which made the provision to collect 1% minimum and 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.
From India, Kolkata
Based on your query of BOCW Act ,1996 & Rules, responsibility of Principal Employer and Employer (Contractor) who is engaging manpower to carry out the construction activity at site.
kindly refer Section 2. Definitions.- (1) In this Act, unless the context otherwise requires,-
Responsibilities of Employer
It shall be the duty of every employer to comply with requirements of rules
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,-
(i) 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;
(ii) 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;
(iii) in relation to a building or other construction work carried on by or though a contractor, or by the employment of building workers supplied by a contractor, the contractor;
There is inheritance ambiguity in definitions of Employer, only Haryana State has defined Principal Employer, No other State has followed suit. I am of the considerate view that registration is to be done by owner of the premises / site where work is carried out and the Contractor has to take 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 Labour Licence before commencement of 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 having the uniqueness.
Hence in 1996, Govt 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 the 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 workmen. It required to be inspected by a technical person. Hence Factory Inspector has been empowered to act as BOCW Inspector.
In this Act, for implementation purpose the Government needs fund. So they implemented the BOCW Welfare Act, which made the provision to collect 1% minimum and 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.
From India, Kolkata
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Abstract of the BOCW Act.doc