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n_k_lenka
1

Dear All,
Kindly let me know the followings:-
1. Whether BOCW Act 1996 applies to a factory (i.e. National Fertilizers Ltd (NFL) which has already covered under Factories Act 1948 & ESI Act 1948?
2. Whether any renovation of a factory (NFL), which has already registered under Factories Act 1948 & ESI Act 1948, will attract application of BOCW Act 1996 along with deposit of Cess?
3. If BOCW Act 1996 applies, whether from State or Central? Because in NFL prior to Oct'10 State Govt were the Appriorate Authority. But after Govt notification Central Govt is the Appropriate Govt.

From India, Panipat
drmasq
1

Dear Mr. Lenka,
my observation on respective points are:
1. As per Sec 2(d) of the BOCW(RECS) Act'96, not applicable; but applicable in the premises which are not shown as "Factory" in the Approved Factory Plan
2. Again, No; since as per Sec 2(d) of the BOCW(RECS) Act'96
3. As the present appropriate Govt i.r.o. NFL at present is central Govt., authority under the BOCW(RECS) Central Rules is the registering officer for construction jobs being undertaken at present and for cases relating to the time when it was under the state govt., it will be the respective ALC.
Thanks & Best Regards

From India, Calcutta
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