Applicability of bocw to the epc contractor who is manufacturer and registered under factories act.

gilgonde (Querist) 29 January 2013 This query is : Resolved
Since, the BOCW Cess is introduced to provide protection to labours involved in unorganized sectors and are deployed on building and other construction activities. Secondly it serves to primary purpose of contracts executed for Government/Semi Government bodies and untapped employers like contractors who undertake building of houses/roads/etc.
The question arises is whether the said legislation is applicable to the above referred contractors (i.e. manufacturer and registered under Factories Act) who are complying with all labour related legislations such as 1) Minimum Wages 2) Bonus 3) PF and ESIC etc. Once the above is answered, kindly elaborate if the power generation plants established by private sector undertaking who are also required to get themselves registered under Factories Act and follow all the legislation related to labours and are responsible for its implementation even by their vendors, contractors, sub-contractors being principle employer, do they really fall BOCW legislation need to follow it even if they undertake contract for pipeline (i.e. other civil works) or housing complexes?

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ajay sethi (Expert) 29 January 2013
commercial query . you can afford to pay legal fees

R.K Nanda (Expert) 29 January 2013
contact local lawyer.

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