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Govt notifies on levy of cess



Kohima, February 21 (DIPR): In continuation of the notification of even number dt. 6th August 2011, and in exercise of the powers conferred under Section 3 sub-section (3) of The Building and Other Construction Workers' Welfare, Cess Act, 1996, the Government has directed to all concerned to comply with the above notification dated 6th August 2011 with immediate effect.
 
The levy of cess prescribed in the notification should be paid in favour of the Nagaland Building and Other Construction Workers' (NBOCW) Welfare Board by DD/Cheque to the account bearing No. 32121287499, SBI Main Branch, Kohima.
 
The Supreme Court of India has placed the State of Nagaland under contempt proceedings for non compliance of the provisions of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 and Building and other Construction Workers Cess Act, 1996. Therefore, in the event of failure to comply with the said notification by any department, the Department of Labour will have no option but to initiate legal proceedings against the defaulting departments in exercise of the powers conferred under Section 8, 9, 10 and 12 of the Building and other Construction Workers Cess Act, 1996.
 
This was stated in an order issued by the Chief Secretary to the Government of Nagaland.

Deduction of cess under building and other construction workers welfare cess act, 1996: The attention of all concerned are invited to the notification issued under No. LAB/ACT-6/1996(Pt.) dated 6th August 2011 notifying levy and collection of cess @ 1% of the cost of construction under the above mentioned Act on all activities of civil constructions in the State. This notification was issued pursuant to the institution of contempt proceedings by the Supreme Court of India against the State Government for non-compliance of its instructions.
 
All Administrative Heads and Heads of Departments are accordingly advised to issue necessary instructions to the DDOs under their charge to ensure that deduction of the cess as prescribed in the notification is made against all civil construction works involving employment of labour, and deposit the same to the account of the Nagaland Building and Other Construction Workers' Welfare Board by DD/Cheque as indicated by the Department of Labour.
 
The DDOs shall be responsible and accountable for enforcing the deductions at the time of making final payment to the contractors. Failure of the DD0 to do so shall attract legal proceedings under sections 8, 9, 10 and 12 of the Building and Other Construction Workers Welfare Cess Act, 1996.
 
The Finance Department (Expenditure Branches) will indicate this requirement for deduction of 1% in all the drawal authorities where such deductions are required. This was stated in an Office Memorandum issued by the Finance Department.

Government appoints Assessing Officers: In exercise of the powers conferred under Section 5 of The Building and Other Construction Workers' Welfare Cess Act, 1996, the Government of Nagaland has appointed Assessing Officers for the purpose of the Act.
 
The designation and local limits of such officers are as follows:- Asstt. Labour Commissioner Kohima - Kohima District; Asstt. Labour Commissioner Mokokchung- Mokokchung district; Asstt. Labour Commissioner Dimapur- Dimapur district; Asstt. Labour Commissioner Phek- Phek district; Asstt. Labour Commissioner Zunheboto- Zunheboto district; Asstt. Labour Commissioner Peren- Peren district; Asstt. Labour Commissioner Tuensang- Tuensang district; Asstt. Labour Commissioner Mon- Mon district; Asstt. Labour Commissioner Longleng- Longleng district; Asstt. Labour Commissioner Kiphire- Kiphire district; Asstt. Labour Commissioner Wokha- Wokha district; Asstt. Labour Commissioner, Directorate of Labour- State and Project Officer, Directorate of Labour- State.

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