dear Sir/madam,
we have construction company, we undertake to construct multistoried buildings. recently concern labour office issued a notice to show cause the reasons for non-registration of the establishment under building and other construction act. In fact we have entrusted the construction work to the contractor to complete the same with all respects and required material was provided by us. Please advice me who has to registered the establishment under the act as per the Rule 23(1) FORM-1, whether builder or contractor.
with regards
venkat.
From India, Hyderabad
we have construction company, we undertake to construct multistoried buildings. recently concern labour office issued a notice to show cause the reasons for non-registration of the establishment under building and other construction act. In fact we have entrusted the construction work to the contractor to complete the same with all respects and required material was provided by us. Please advice me who has to registered the establishment under the act as per the Rule 23(1) FORM-1, whether builder or contractor.
with regards
venkat.
From India, Hyderabad
Dear Vankat, It is you who has to obtain registration and pay cess as clarified in my above mail dt. 9-12-08 Jpratap
From India, Chandigarh
30From India, Chandigarh
Dear friends,
Pls be clarified that it is the 'establishment' which is under construction is required to be registered by the employer. As per definition of 'employer' under BOCW Act, in relation to an establishment, it is his owner. In this definition, the contractor is included as an employer but the owner is not excluded from the definition of employer. Hence, it is the owner who has to get his establishment under construction registered under BOCW Act. The private big builders engage many contractors on the construction of same establishment; the sub-contractors also fall within the definition of contractor given under the Act. If you include them also, then their figure of contractors may run in hundreds. Imagine each contractor or sub-contractor approaching the Registering Officer and asking for registration of the same establishment which is under construction. However, the position with regard to the work carried on by or under lthe authority of the government through a contractor would be different where contractor is the employer as per section 2(1)(i)(iii) of the BOCW Act.
Best wishes,
Jpratap
From India, Chandigarh
Pls be clarified that it is the 'establishment' which is under construction is required to be registered by the employer. As per definition of 'employer' under BOCW Act, in relation to an establishment, it is his owner. In this definition, the contractor is included as an employer but the owner is not excluded from the definition of employer. Hence, it is the owner who has to get his establishment under construction registered under BOCW Act. The private big builders engage many contractors on the construction of same establishment; the sub-contractors also fall within the definition of contractor given under the Act. If you include them also, then their figure of contractors may run in hundreds. Imagine each contractor or sub-contractor approaching the Registering Officer and asking for registration of the same establishment which is under construction. However, the position with regard to the work carried on by or under lthe authority of the government through a contractor would be different where contractor is the employer as per section 2(1)(i)(iii) of the BOCW Act.
Best wishes,
Jpratap
From India, Chandigarh
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ESI - Construction site workers.pdf
ESI- Construction workers.doc