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Bocw act applicability
Dear all kindly let me know about the bocw act applicability in haryana. regards ssy
Applicability of bocw cess
Can anyone please share whether bocw act / bocw cess is applicable for construction within the factory ? sandeep singh 9988881602
Applicability of bocw act to construction work in the factory premises
There have been differences of opinion about the applicability of the building and other constriction workers regulation of employment and conditions of service act 1996 to such operations or civil constructions carried out within a factory premises which is part of the factory covered under factories act. this is mainly due to the lack of clarity in the definition of construction work as given in section 2d of the bocw act which excludes building and construction work to which the provisions of the factories act and mines act will apply. obviously when a construction work is carried out within the factory premises it is natural that the employer will take it for granted and say that they are under the coverage of factories and therefore no cess is payable as per the bocw act. however it should be understood that factory licence is given to work connected with manufacturing activities and for a factory which is meant for manufacture of say cement it is for the manufacturing of cement that the licence is issued. similarly the factories act provides for health welfare and safety of workers employed in the factory and these workers are the workers employed for manufacturing and not those who are employed for construction of building. therefore such construction activities will come under the purview of bocw act and cess as per welfare fund act should be paid. the supreme court verdict is attached for reference.
Bocw applicability- factory-for construction fabrication
Dear all we are into construction industry and currently our nature of job is only fabrication the iron grider at diffrent location/diffrent vendor factory. is it bocw act is applicable or not ? fact: client is asking for bocw registration however we are fabricating and supply the grider only at diffrent locations. kindly help us in this regards. regards alok kumar
Testing of drinking water
What is the frequency of drinking water testing as per factory act 1948 & bocw act? frequency of the same test not given in factory act 1948.kindly reply.
Bocw act applicability and licence for factory under construction
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 2d 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.