I am herewith attaching the PowerPoint presentation on the Building and Other Construction Workers Act, 1996, and Building and Other Construction Workers Rules, 1998 for your ready reference. Please make your comments without fail so that any improvements can be made in the future.
From India, Kumbakonam
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1189From India, Kumbakonam
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Dear Mr. Bhaskar,
No words to say... Really fantastic and easily understandable... In exemptions, wherever the Factories Act and Mines Act are applicable, is this BOCW Act not applicable? Is it right?
Thank you for posting.
Regards,
Varsha
From India, Coimbatore
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No words to say... Really fantastic and easily understandable... In exemptions, wherever the Factories Act and Mines Act are applicable, is this BOCW Act not applicable? Is it right?
Thank you for posting.
Regards,
Varsha
From India, Coimbatore
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Thank you, Varsha, for your valuable comments.
In case the construction work is being carried out inside the premises of factories or mine campus, then only the Factories Act and Mines Act will be applicable. We need not maintain the BOCW Act, as it is covered by the aforementioned acts.
The BOCW Act includes some technical aspects. Since these aspects are covered in the Factories Act and Mines Act, it is considered unnecessary to maintain them. Only the form numbers are being changed; otherwise, all requirements remain the same.
From India, Kumbakonam
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In case the construction work is being carried out inside the premises of factories or mine campus, then only the Factories Act and Mines Act will be applicable. We need not maintain the BOCW Act, as it is covered by the aforementioned acts.
The BOCW Act includes some technical aspects. Since these aspects are covered in the Factories Act and Mines Act, it is considered unnecessary to maintain them. Only the form numbers are being changed; otherwise, all requirements remain the same.
From India, Kumbakonam
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Dear Bhaskar An excellent prersentation covering all the key points. My special appreciation to you. Regards AVS
From India, Madras
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From India, Madras
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You are welcome Mr. Kannan. You can check my earlier thread also on Industrial Relations and Dispute too.
From India, Kumbakonam
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From India, Kumbakonam
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Dear All,
I am in doubt about the Factory & BOCW Acts. Can anyone help me clear my doubts on the following:
1. Will the Factory & BOCW Acts be applicable in the expansion project of a running factory?
2. For any alteration or modification of a running factory (covered under the Factory Act), does it require the approval of the Chief Inspector of Factories of the respective states? The approval notes that before construction, CESS must be deposited under CESS Act 1996. I am unable to understand the meaning and whether there is any Cess Act 1996.
3. Prior to October '10, our factory (NFL) was under State Authority. None of the authorities were asking for BOCW cess. Since October '10, our factory is now under the Central Government. The state labor authorities are now asking for compliance with the BOCW Act. Kindly share your expert opinion on how to tackle this issue.
Thank you all in advance.
T/R
Lenka
From India, Panipat
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I am in doubt about the Factory & BOCW Acts. Can anyone help me clear my doubts on the following:
1. Will the Factory & BOCW Acts be applicable in the expansion project of a running factory?
2. For any alteration or modification of a running factory (covered under the Factory Act), does it require the approval of the Chief Inspector of Factories of the respective states? The approval notes that before construction, CESS must be deposited under CESS Act 1996. I am unable to understand the meaning and whether there is any Cess Act 1996.
3. Prior to October '10, our factory (NFL) was under State Authority. None of the authorities were asking for BOCW cess. Since October '10, our factory is now under the Central Government. The state labor authorities are now asking for compliance with the BOCW Act. Kindly share your expert opinion on how to tackle this issue.
Thank you all in advance.
T/R
Lenka
From India, Panipat
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Dear Lenka,
In which state is your factory located?
You should consult your factory's inspector as well as the Labour Commissioner about this doubt.
Once the Factories Act is implemented, the BOCW Act will cease. If the factory fencing is constructed, excluding the expansion project, then the Factories Act is not applicable, and only the BOCW Act will apply to the expansion project.
However, if the construction area falls within the factory premises, then the BOCW Act cannot be applicable, and only the Factories Act will apply.
This is the reason the Factories Inspector has instructed to remit the Cess as per the contract value in the initial stage itself.
Even though you make the payment, it will be reimbursed by your principal employer. Therefore, you can pay the same after obtaining concurrence from your client for reimbursement purposes.
For this construction work, you must apply to the Central Labour Office and not the state Labour Office. Please check and apply for the license.
I hope I have clarified your doubts.
All the best.
From India, Kumbakonam
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In which state is your factory located?
You should consult your factory's inspector as well as the Labour Commissioner about this doubt.
Once the Factories Act is implemented, the BOCW Act will cease. If the factory fencing is constructed, excluding the expansion project, then the Factories Act is not applicable, and only the BOCW Act will apply to the expansion project.
However, if the construction area falls within the factory premises, then the BOCW Act cannot be applicable, and only the Factories Act will apply.
This is the reason the Factories Inspector has instructed to remit the Cess as per the contract value in the initial stage itself.
Even though you make the payment, it will be reimbursed by your principal employer. Therefore, you can pay the same after obtaining concurrence from your client for reimbursement purposes.
For this construction work, you must apply to the Central Labour Office and not the state Labour Office. Please check and apply for the license.
I hope I have clarified your doubts.
All the best.
From India, Kumbakonam
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Dear Mr. Bhaskar,
Very impressive and nice presentation! Keep adding value!
However, the exception clause covers the following:
"The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of the Factories Act, 1948, and Mines Act, 1952 apply."
Your views please.
Thanks,
Gopal
From India, Jaipur
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Very impressive and nice presentation! Keep adding value!
However, the exception clause covers the following:
"The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of the Factories Act, 1948, and Mines Act, 1952 apply."
Your views please.
Thanks,
Gopal
From India, Jaipur
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Thank you, Mr. Gopal, for your valuable comments.
If construction activities are carried out inside factories and mines premises, then the BOCW Act will not be applicable. For residential houses used for own purposes where the construction cost is less than Rs. 10,00,000/-, there is also an exemption to be covered under the BOCW Act.
From India, Kumbakonam
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If construction activities are carried out inside factories and mines premises, then the BOCW Act will not be applicable. For residential houses used for own purposes where the construction cost is less than Rs. 10,00,000/-, there is also an exemption to be covered under the BOCW Act.
From India, Kumbakonam
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Thank you very much, Dear Bhaskar. It is really a masterpiece. With your permission, I wish to use this PowerPoint presentation. Up till now, I have given talks/lectures on this subject. But now I wish to give presentations with this tool provided by you. Kindly permit. It's your creation. Thanks again.
Keshav Korgaonkar
http://www.shantadurgaent.com, Welcome To Shantadurga Enterprises
Cell: +91 9967516383
From India, Mumbai
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Keshav Korgaonkar
http://www.shantadurgaent.com, Welcome To Shantadurga Enterprises
Cell: +91 9967516383
From India, Mumbai
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