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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.
Factory license of a new factory within old premises with old factory
Hello everyone i wanna know is it possible to run a new factory with new factory license if there is already an old factory functioning within the same premises under a different factory licence . can the new employer use previous factories fire & water services detail for its registration .
Multiple factories in the same premises
Hi all can anyone pls provide some inputs ? in case of more than one factories situated in the same premises and the different factories are engaged in the same business having different business licenses respectively how does the law for law the is into or the is pls the does not have any to call all the as a or so. thanks & regards saravana rajan.
Maintenance of spittoons in factories- the factory act, 1948
Colorgreen legal tip of the day spittoons in every factory the provisions of a sufficient number of spittoons in convenient places is obligatory. such spittoons are required to be maintained in a clean and hygienic condition. no person can spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation is required to be prominently displayed at suitable places in the premises and whoever spits in contravention of this provision is punishable with fine not exceeding five rupees.the factories act 1948
Residence in factory - can we provide residence on factory premises?
Can we provide residence on factory premises?
Compensation under wc policy - whether the accident that occurred outside of the company premises will be covered under
Dear sir greeting s of the day our one employee got injured while coming on duty from his residence due to a slip of his twowheeler on the road. the employee has to travel daily around 18 km from his residence to the factory. we have workmen s compensation policy as required under the employee s compensation act1923. sir kindly advise us whether the accident that occurred outside of the company premises will be covered under the said policy or not. thanks & regards