BOCW act applicability and Licence for factory under construction - CiteHR
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Dear All, Please Help me about BOCW act applicability and Licence Reg. We are constructing factory phase 2 and its factory already applicable factory act.
As per bellow point there is no need to applicable BOCW licence reg.
Please any one explain this:
As per Section 2(d) of the BOCW Act, 'building or other construction work' includes 'the construction, alteration, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.'
Hence, the term "building or other construction work" is defined in a manner that it does not include any building or other construction work to which the provisions of the Factories Act, 1948 apply. This exclusion clause of Section 2 (d) has been used by employers to evade registration and payment of cess under the BOCW Act. Employers covered under the Factories Act, 1948 refuse to come under the purview of the BOCW Act.

If you have started manufacturing process then you are covered under the factories act,or you will fall under BOCW Act.
Dear
Yu are constructing phase 2 of the existing factory. As per the norms if your construction is on the same boundary where your old factory is existing. And the factory is running for which you obtained the licence, then B&OCW act is not applicable.
But as per the Apex Court verdict in Civil Appeal No:6223 of 2016 in the Matter of Lanco Anpara Power Ltd vs State of Uttarpradesh & others ; The BOCW Act may be applicable. Since you are constructing a new factory.
Whether you received any communication from the authority of B&OCW for registration or your contractor?
Advised to refer the order copy of Civil Appeal No:6223 of 2016 and consult for better understanding.
Regards


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File Type: pdf Supreme Court of India Order on Excavated Soil.pdf (212.0 KB, 134 views)

Dear all
Thanks for your valuable answer.

Dear all,
kindly confirm is factory licence required if we have already taken BOCW registration for road project of NHAI. if any gov order please share

I am working as safety officer in GSECL, In our company power plant new unit construction/commissioning is going on &now in new under construction unit unit we are doing some testing of plants . is it covered under BOCW or it is now under factory act?
because i read here after production start BOCW act not applicable and factory act is applicable.
please reply.

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