Sect 2(d) of the act itself explains that any area covered under the factories act'48( geographically demarcated by the Factory Plan approved by the Directorate of Factories, will not be covered by the BOCW(RECS) Act. Construction jobs on areas other than the Factory Area of same organisation will attract provisions of the BOCW(RECS) Act.
Hope this helps
Thanks and regards,
19th May 2011 From India, Calcutta
As per Sec 2(d) of BOC Act, In company (where is your work is going on) is covered & governed by Factories Act in that case BOC act will not applicable.
Secondly BOC act is not applicable to your company because your work is purely Mechanical in nature. Hence no need to pay cess
21st May 2011 From India, Mumbai
1. w.r.t. yr understanding "We are an Operations & Maintenance company of power plants. As a power generating station and repair works nature i understand we are covered under BOCW act for cess payment", I am of the opinion that you are not reqd to pay cess for repair works. ques is where do u carry out the maint or repair work? i hope within the factory premises which is covered under the Factories Act as per the approved factory plan.
2. again, factories act so not covered under BOCW(RECS) act
3. wrt "We are not an EPC company and we donot carryout any constructional activities. We operate and maintain the existing machinery / buildings which are covered by factories act by our principal employer", as per bocw act/rules, there is no concept of principal employer. all i.e. principal employer under CLRA'70 who is owner/occupier of the establishment, the contractors engaged in bocw works > 10 lakh value per order, all are referred as "employer".
However, again, if the bocw job to be executed is in the factory premises within the boundary of the approved factory under factories act, there is no question of application of bocw act or rules framed thereunder. the normal safety, social security, welfare provisions of the clra act, factories act, workmens compensation act, pf etc except bocw will be applicable.
22nd May 2011 From India, Calcutta