Industrial Relations
Korgaonkar K A
Hr, Ir, Law, Disc. Matters
+3 Others

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actually i want to know that if a factory is under construction does this stage will be covered in the definition of section2m of factory act (1948).please give your suggestion awaiting fr your replies. Kindly provide the links to the related judgements.
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If it is under construction it will come under labour department not under factory act.
Once you finished and submit your documents to factory inspectorate for licence then it will come under factories act.
if a factory is under construction than it will be covered under Building and Other Construction Workers (BOCW) Act. you need to get license under BOCW act. once the construction is finished and production starts, you have to apply for factory license. BOCW comes under DISH.
Bhavin Pandya
pramod, refer to Bhavin pandya,
you need to get the license and permission (municipal corporation) to construct it until you get this finished.
for starting manufacturing and setting up the factory you have the get the factory license.
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Dear Mr.Pramod
To start the new factory setup you have to get the plan approved by Inspector of factories by submitting form 1. Once you get approval you can start your commencement.Mean while you should get approval from Fire dept,health dept,Pollution control board, local Municipal etc.
Dear Pramod
Once you are planning to construct a factory you must convert the land as Commercial land and if the land is agricultural land then you will not get permission to construct a factory.
You must get the approval for construction of factory from the Inspector of Factories as per factories Act.
Then while engaging the contractor and contract workmen for construction obviously the Contract Labour Act will apply.
As the same is under Construction The Building & Other Construction Workers Act will apply till the commencement of production in the Completed Factory Premises.
Once the Production started in the said premises then the BOCW Act ceases to apply and the Factories Act will apply.
Dear all, Since the construction is being done as per the approved plan by the Factories Inspector and is being built for factory, yet it is not a factory since it does not fulfill the definition of Factory under the Factories Act as no manufacturing process as defined under the Act is being carried out at the construction stage. However, I am of the opinion that the BOCW Act won't be applicable as specific exemption is given for Factory Building from the purview of the Act and that will have no meaning if the Factory building under construction is not exempted.
Dear Nair
The Factories Act is applicable only when the production starts. When there is no such production activity involved in the premises, the construction activity carried out in the factory construction is covered under BOCW Act.
You can clarify from your nearer Factory Inspector Office or from the Labour Commisioner Office.
Dear Shri. Bhaskar ji and other members,
Here I wish to bring your notice a judgment of Division Bench of Orrisa High Court in the case of Sterlite Energy V/s. State of Orrisa.
This judgment is given on an erroneous premise that the BOCW Act only excludes building and other Construction works to which the provisions of Factory Act and Mines Act applies and that it cannot be said that the Act (BOCW) intended to exclude a factory under construction and a process being established even before being registered and commencing its manufacturing process.
Thanks and regards.
Keshav Korgaonkar,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,,Labour Compliance Audit,SSI registration,NOC from
who is an employer under BOCW Act? The owner of the establishment or the corporation which awards the contract is the principal employer or not? Thank You
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