Dear All,
I need your valuable advice. I am working in a pharma company. In our company, some construction work is going on. One day, a factory inspector came to our company and demanded RC under Building and Other Construction Workers.
Please advise me on where I can obtain RC and what kind of documents are required for it. Kindly provide me with all the details regarding the liability of the employer under Building and Other Construction Workers.
Warm Regards,
Gaurav Mehta
From India
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20I need your valuable advice. I am working in a pharma company. In our company, some construction work is going on. One day, a factory inspector came to our company and demanded RC under Building and Other Construction Workers.
Please advise me on where I can obtain RC and what kind of documents are required for it. Kindly provide me with all the details regarding the liability of the employer under Building and Other Construction Workers.
Warm Regards,
Gaurav Mehta
From India
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Dear All, Please i m still waiting for your valuable advice . i take RC from labour inspector , plz hary up Warm Regards Gaurav Mehta
From India
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From India
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Dear All Still i don’t get any response, I need your advice on urgent due to highly pressure , i faced from my boos and management also. Warm Regards Gaurav Mehta
From India
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From India
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(Fact Check Failed/Partial)-The user's reply does not address the original query and instead expresses urgency. It's important to seek guidance from relevant authorities promptly.
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You have to apply for RC at the inspector of factories. Approach the inspector of factories in your respective region and fill up form 1 with applicable fees and you will get the RC in a month.
From India, Chennai
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From India, Chennai
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(Fact Check Failed/Partial)-The user reply is partially correct. In addition to applying at the inspector of factories, the RC under Building and Other Construction Workers Act can also be obtained online through the Shram Suvidha Portal. The registration process involves filling Form I online and submitting the required documents digitally. The liability of the employer under this Act includes ensuring the welfare and safety of construction workers, providing necessary facilities like first aid, clean drinking water, and accommodation if needed.
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If your Construction cost exceeds 10 L, you have to register with BOCW and remit 1% of construction cost towards labour cess.
From India, Lucknow
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From India, Lucknow
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(Fact Check Failed/Partial)-The user reply is partially correct. Apart from registration based on the construction cost, the RC under BOCW Act is mandatory for companies engaging in construction work, regardless of the cost involved. Additionally, the labor cess is 1-2% of the total construction cost.
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Dear Sir,
We need to fill only Form No. 1 along with the fees. No other supportive documents are required for the RC. This means that any other information does not need to be sent to the factory inspector. Also, please send me the attached file for Form No.
Warm Regards,
Gaurav Mehta
From India
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We need to fill only Form No. 1 along with the fees. No other supportive documents are required for the RC. This means that any other information does not need to be sent to the factory inspector. Also, please send me the attached file for Form No.
Warm Regards,
Gaurav Mehta
From India
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(Fact Check Failed/Partial)-The user reply contains incorrect information. Under the Building and Other Construction Workers Act, multiple documents are required for registration, not just Form No. 1. Supporting documents such as proof of address, identity, and other details are essential for RC.
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Dear Gaurav Mehta,
Greetings of the day!
Your company is undertaking a construction job, or you have hired a contractor to do the same. If you have engaged a contractor, kindly ensure they are registered under the BOCW Act and that they pay the CESS amount, which is 1% of the Construction Cost.
Alternatively, if your company has not hired a contractor, you must apply for Registration Certificate (RC) under the BOCW Act. It is important to note that if your company is already registered under the Factories Act, obtaining an RC under the BOCW Act is not necessary. In areas where the Factories Act is in force, the BOCW Act does not apply. Therefore, your company must comply with either the Factories Act or the BOCW Act accordingly.
Regards
From India, Kolkata
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Greetings of the day!
Your company is undertaking a construction job, or you have hired a contractor to do the same. If you have engaged a contractor, kindly ensure they are registered under the BOCW Act and that they pay the CESS amount, which is 1% of the Construction Cost.
Alternatively, if your company has not hired a contractor, you must apply for Registration Certificate (RC) under the BOCW Act. It is important to note that if your company is already registered under the Factories Act, obtaining an RC under the BOCW Act is not necessary. In areas where the Factories Act is in force, the BOCW Act does not apply. Therefore, your company must comply with either the Factories Act or the BOCW Act accordingly.
Regards
From India, Kolkata
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(Fact Check Failed/Partial)-The user reply is incorrect. Under the Building and Other Construction Workers (BOCW) Act, both the principal employer and the contractor are responsible for obtaining registration. The liability of the employer under the BOCW Act is independent of the Factories Act. Reference: Building and Other Construction Workers Act, 1996 Supreme Court Judgement: Gammon India Ltd. vs. Union of India & Others (2019)
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Dear Sir,
If it is an existing factory, the BOCW Act is not applicable to any of the activities on the factory premises. However, if it is a factory under construction, the BOCW Act is applicable to the entire worksite, including your supply and erection work. The Principal Employer and all contractors under him employing 10 or more persons are required to apply for and obtain Registration Certificate (RC) under the BOCW Act. Additionally, each beneficiary (serving for more than 90 days) needs to be registered with the Board under the BOCW Act.
Warm Regards,
Gaurav
From India
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If it is an existing factory, the BOCW Act is not applicable to any of the activities on the factory premises. However, if it is a factory under construction, the BOCW Act is applicable to the entire worksite, including your supply and erection work. The Principal Employer and all contractors under him employing 10 or more persons are required to apply for and obtain Registration Certificate (RC) under the BOCW Act. Additionally, each beneficiary (serving for more than 90 days) needs to be registered with the Board under the BOCW Act.
Warm Regards,
Gaurav
From India
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(Fact Checked)-The user's reply is [B]correct[/B] based on the Building and Other Construction Workers (BOCW) Act. The Act applies to construction activities, including those within a factory under construction, requiring registration and obtaining a Registration Certificate (RC) for compliance. Thank you for your detailed explanation and understanding of the BOCW Act. (1 Acknowledge point)
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Dear colleagues,
I wish to clarify the issue a bit more in light of the above posts of Mr. Ghosh and Mr. Mehta. Legally, yes, a contractor has to obtain RC and pay a 1% cess on new construction values if it's Rs.10 lakhs or more. This means that construction activities on the extension of old or upgrading of previous jobs, if done, then cess is not applicable. In case the contractor is liable but has not paid cess if payment is taken from the company, then the company is bound to pay to the authority while the company can claim this with administrative costs from the contractor.
In one of my client companies, the boiler plus chimney installation work was charged on the full bill amount by ALC. The bill was without a bifurcation of materials, labor costs, and other incidental expenses. The activities included jobs like designing, fabrication of a steel chimney, rent paid for a crane for 23 days, and fooding and transportation of men, materials, and lastly cement, bricks, steel, concrete, sand plus mason and labor costs for the exact work of plastering and erecting the chimney. The said contractor had also done part jobs of construction, repair, and wooden works of our GET hostel building, and the total cost was coming around Rs. 30 lakhs. ALC was demanding the full bill amount for the construction cess, but we replied and enclosed a cess payment check for Rs. 6 lakhs. We replied that the actual construction cost was Rs. 6 lakhs, while the bifurcation was also given, and the hostel work was shown as repair activities and claimed as exempted from cess applicability. ALC agreed to our stand.
It is advisable that when construction activities are given to a contractor, then a proper definition of activities will be supporting a lot with its meaning, and you can easily reproduce things as a normal practice in case it is explainable from its beginning through records.
Regds,
RDS YADAV
LABOUR LAW ADVISER
DIRECTOR-FUTURE INSTT. OF MANAGEMENT AND TECHNOLOGY
From India, Delhi
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I wish to clarify the issue a bit more in light of the above posts of Mr. Ghosh and Mr. Mehta. Legally, yes, a contractor has to obtain RC and pay a 1% cess on new construction values if it's Rs.10 lakhs or more. This means that construction activities on the extension of old or upgrading of previous jobs, if done, then cess is not applicable. In case the contractor is liable but has not paid cess if payment is taken from the company, then the company is bound to pay to the authority while the company can claim this with administrative costs from the contractor.
In one of my client companies, the boiler plus chimney installation work was charged on the full bill amount by ALC. The bill was without a bifurcation of materials, labor costs, and other incidental expenses. The activities included jobs like designing, fabrication of a steel chimney, rent paid for a crane for 23 days, and fooding and transportation of men, materials, and lastly cement, bricks, steel, concrete, sand plus mason and labor costs for the exact work of plastering and erecting the chimney. The said contractor had also done part jobs of construction, repair, and wooden works of our GET hostel building, and the total cost was coming around Rs. 30 lakhs. ALC was demanding the full bill amount for the construction cess, but we replied and enclosed a cess payment check for Rs. 6 lakhs. We replied that the actual construction cost was Rs. 6 lakhs, while the bifurcation was also given, and the hostel work was shown as repair activities and claimed as exempted from cess applicability. ALC agreed to our stand.
It is advisable that when construction activities are given to a contractor, then a proper definition of activities will be supporting a lot with its meaning, and you can easily reproduce things as a normal practice in case it is explainable from its beginning through records.
Regds,
RDS YADAV
LABOUR LAW ADVISER
DIRECTOR-FUTURE INSTT. OF MANAGEMENT AND TECHNOLOGY
From India, Delhi
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(Fact Checked)-The user's reply contains accurate information regarding the requirement for obtaining Registration Certificate (RC) and the payment of cess for construction activities. The explanation provided aligns with the legal obligations of contractors and employers under the Building and Other Construction Workers Act. (1 Acknowledge point)
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Dear RDS Yadav,
Thanks for your valuable sharing. I would like to know one more point regarding Promoters and Builders. They are not registered under the Factories Act. Nowadays in Maharashtra, at the time of Plan passing, 1% cess is required to be paid to the Local authority such as the Municipal Corporation / Collectorate.
Under the circumstances, what is the exact procedure for registration under BOCW? Kindly share your views and the exact procedure for Builders and Promoters.
Warm Regards,
Pramod Thakar
From India, Pune
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Thanks for your valuable sharing. I would like to know one more point regarding Promoters and Builders. They are not registered under the Factories Act. Nowadays in Maharashtra, at the time of Plan passing, 1% cess is required to be paid to the Local authority such as the Municipal Corporation / Collectorate.
Under the circumstances, what is the exact procedure for registration under BOCW? Kindly share your views and the exact procedure for Builders and Promoters.
Warm Regards,
Pramod Thakar
From India, Pune
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(Fact Checked)-The user's reply contains accurate information regarding the requirement of 1% cess payment to local authorities in Maharashtra at the time of plan passing for Builders and Promoters. The user's inquiry about the exact procedure for registration under BOCW for Builders and Promoters is valid. (1 Acknowledge point)
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(Fact Check Failed/Partial)-The Registration Certificate (RC) under the Building and Other Construction Workers Act is obtained from the Labor Department, not the labor inspector directly. Various documents are required, such as proof of registration, details of construction workers, etc. The liability of the employer includes ensuring welfare measures, safety, and health provisions for construction workers.