Lobour cess - bocw act.. CiteLegal
CiteLegal
 
HOME RISE NEW ABOUT LOGIN
Home > Legal Discussion Forums > Labour / Employee Related Laws

lobour cess

srijan Started The Discussion:

i want to know what is the meaning of emloyer cost to calculate labour cess and who is liable to pay client or cotractor and when a contractor is liable to get labour liences if a contractor has less than 20 labour he is liable or not and if an employer get costruct his bullding on labour rate how much is the liabilty of labour cess on the whole project or only on the labour compoment in case employer employ a contactor who has less than 20 labour is the employer is liable to get registerd

jitendersyadav - Member Since: Sep 2008
Dear Srijan,

Your Question is confusing, as per my view, I am giving the reply : -

i want to know what is the meaning of emloyer cost to calculate labour cess and who is liable to pay client or cotractor : Contractor will raise the bill alongwith the following : 1. Total Wages, 2. ESIC on Total Wages, PF on Basic Wages, Bonus of basic wages (if you are giving on monthly basis), Service charges on total wages+Total Bonus, Service tax on all above noted amount

and when a contractor is liable to get labour liences if a contractor has less than 20 labour he is liable or not and if an employer get costruct his bullding on labour rate how much is the liabilty of labour cess on the whole project or only on the labour compoment in case employer employ a contactor who has less than 20 labour is the employer is liable to get registerd : Minimum 20 employees required to get the licence for particular site for contractor, If on employer's site contractual employees is less than 20 than employer also not need to take licence

Rgds/Jitender

jpratap - Member Since: Oct 2008
Dear Srijan and Jitendersyadav,

I have recently read this. But I am sorry to say that the confusing question got a confusing answer. The questioner has intermingled the provisions of two Acts namely CLRA and BOCW and he received the confused answer. With humble submissions and with utmost respect, I am trying to explain the position:-

The employer's Cost to calculate labour Cess: As per section 3(1) of the BOCW Cess Rules, 1996, the cess is to be paid by an employer who incurs the cost of construction on the notified rate by the Central Government. Vide notificatin dt. 26.09.1996, the Central Govt stipulated the rate of cess as 1% of the cost of construction. Rule 3 of BOCW Welfare Cess Rules, 1998, states tht the cost of construction shall include all expenditure incurred by an employer in connection with the building or other construction work but shall not include the cost of land; any compensation paid or payable to the worker or his kin under the Workmen’s Compensation Act, 1923.

This virtually means that the cost of construction means the cost of project minus the cost of land. The cess has to be calculated and deposited on this amount.

As regards the liability to pay the cess, BOCW Welfare Cess Rules 1998 are very clear about this. In govt contracts, the cess is to be deducted from the bills of the contractors. For private builders, the same is to be paid at the time of approval of building plans (it is obvious that no contractor is involved at that time). The rest of calculations made by the questioner are meaningless in view of above.

The questioner has confused the matter with 20 or more persons which is a concept under CLRA and not under BOCW where the number of persons is 10 or more. In case of CLRA the Principal Employer (owner/employer) is required to get its establishment registered and the contractor to obtain licence if there are 20 or more workers but in BOCW, it is the owner who is to get its establishment registered except in the case of govt contractor, where he is included in the definition of employer and is required to get the establishment registered with the concerned Registering Officer.

Regards

jpratap

g_goyal2000 - Member Since: Apr 2011
I am a registered contractor of a Govt. local body (like MCD, NDMC) of New Delhi.

The Department deducts 1% cess from our payments on account of BOCW cess.

Our agreement states, mainly Clause 19, heading "Labour Laws to be complied by the contractor" that we have to comply with "the provisions of the building and other construction worker (Regulation of employment and condition of service) Act, 1996 and the building and other construction Workers Welfare Cess Act, 1996."

The agreement is silent on the act(s) and/or it's provisions other than what is stated above.

What I need to do know is whether it is compulsory for us to get ourselves registered under both the acts?

jpratap - Member Since: Oct 2008
Yes. In view of the said clause in your agreement, not only the provisions of the BOCW Act, 1996 and Contract Labour Act, 1970 are to be complied with but the provisions of other applicable labour laws will also have to be adhered to by you.

Best wishes,

jpratap

Found This Useful? +Vote Up This Page Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the legal advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified lawyer or with the lawyer providing the advice by meeting them in person. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.




Explore Topical Knowledge Areas

Interesting Relevant Discussions


DISCUSSSION STATISTICS


2680
VIEWS

4
REPLIES

PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE


3M Users, 100K+ Documents & 450K+ Discussions

Share »

Community Support & Professional Insights. Login or Register.
Email/Username     Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network