prateek-arora
1

I am constructing a factory and have built a site where engineer or architect will come. This site is inside the factory premises will also be a part of factory once the construction of the factory will be completed. The site is basically a place for them to sit and guide how everything is going on in the construction of the factory.

My query is that the employers who are engaged in the construction of the factory will be covered under BOCW act but what about the site where these engineer and architect will sit. will it come under Shops and establishment act. If yes, how?
the state is Himachal pradesh where the factory is being constructed.
2. Do i need to register the factory construction site under BOCW Act and the site for engineers and architect under S&E act or under one act?

My Analysis: The construction workers employed at the site where factory is being constructed will fall under BOCW act. Engineers and architect not being construction workers will not fall under BOCW Act. According to y interpretation, the engineers and architect will fall under S&E act.

From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management

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Madhu.T.K
3726

Since the business has not commenced and the site is meant for a factory, neither the Factories Act nor the Shops ....Act will apply for the time being. The Building and Other Construction Workers Conditions of Service Act will invariably apply to the site office and the operations therein. Based on the value of the construction you have to pay cess and in that the total value is considered and not the functional status of employees and their salaries do not matter.
From India, Kannur
Anonymous
1

Thank you for your response, sir.

Sir I also concluded the same thing but my point being that architects and engineers would also be covered under BOCW? because BOCW is for the welfare of the construction workers those who are very poor. I don't think so engineers or architect will fall under BOCW. Here my focus is not on the construction workers as the contractor has employed them.

My main concern is regarding the site where engineers and architects will sit and under what act do i need to register it? If you are saying it should be under BOCW so welfare provisions of BOCW will not be applicable on engineers and architects because they are not covered under it.

From India, New Delhi
Madhu.T.K
3726

yes, while registering the beneficiaries of the Fund, you can exclude the managers. The construction company as it is may have an office under which these officers will be enrolled as employees. Accordingly, they should be having PF, Insurance coverage etc and that will continue to be available to them while they are deputed in the construction sites also.
From India, Kannur
prateek-arora
1

Sir apologies but didn’t get your answer for YES. Could you explain me once again under which act should I go?
From India, New Delhi
Madhu.T.K
3726

Doesn't the Construction company have an office away from the site? If yes, aren't these supervisors enrolled under the EPF and Insurance (if their salary is less than 21000 under ESI) schemes? Then that is enough for them. Afterall, the Building and Construction Workers....Act is also meant for the same purpose, safety, health and welfare of the workers engaged int he construction.
From India, Kannur
Babu Alexander
292

I feel when, you said the site is inside the Factory premises, any activity carried on this proposed site is covered under Factories act only. To exempt from the coverage under Factories act, you should prepare a separate site plan with constructing site fencing and approach road. The nexus of ingress and egress of workers should have to be restricted. Then the pan has to be approved by Inspector of Factories as excluded from original part of Factory, to declare as a construction site.
Once you obtain exemption, your proposed construction site, for construction of Additional Factory, will become a construction site will be covered under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act.

From India, Madras
prateek-arora
1

Sir the construction company is not a matter of concern here. The place where these architects and engineers are sitting is the place which will be a part of the factory eventually. For example its like a sample flat of an apartment tower, which will eventually be a part of the building.

If you H.P BOCW act, you will notice that main purpose and objective of BOCW is regarding the welfare of the construction workers. These construction workers are different from engineers and architect. My architect is getting a salary of around 1.2 lacs and he is there for an under construction property so according to my interpretation he won't come under H.P BOCW act.

It's a bit confusing sir. Hope you got the query.

From India, New Delhi
prateek-arora
1

Mr Alexander, the factory is still under construction. i dont think so it will fall under the factories act. it has not started manufacturing anything. For the construction of the factory, this premise has been made for the architects and engineers.
From India, New Delhi
Madhu.T.K
3726

As already mentioned, so long as factory has not started production, the Factories Act will not come to the picture. I can't understand, if your Architect has come directly to the site or has reported to an office for carrying out his joining formalities? Where his reporting office sits? Obviously, there should be an office where the others permanently sit. That office will be covered by some law, ie, the Shops and Commercial Establishments Act. That office would be under the purview of some labour legislations, and that will be applicable to the Architects who are deployed in the site.
From India, Kannur

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