Does the BOCW Act of 1996 Apply to Renovations in Factories Covered by the 1948 Acts?

Dear All,

Kindly let me know the following:

1. Whether the BOCW Act of 1996 applies to a factory (i.e., National Fertilizers Ltd (NFL)) which is already covered under the Factories Act of 1948 and the ESI Act of 1948?

2. Whether any renovation of a factory (NFL), which is already registered under the Factories Act of 1948 and the ESI Act of 1948, will attract the application of the BOCW Act of 1996 along with the deposit of Cess?

3. If the BOCW Act of 1996 applies, will it be from the State or Central Government? In NFL, prior to October '10, the State Government was the Appropriate Authority. However, after the government notification, the Central Government is the Appropriate Authority.

Please let me know if you need any further clarification. Thank you.

Dear Mr. Lenka,

Observations on the BOCW (RECS) Act '96

1. As per Sec 2(d) of the BOCW (RECS) Act '96, it is not applicable; however, it is applicable in premises that are not shown as "Factory" in the Approved Factory Plan.

2. Again, no; since as per Sec 2(d) of the BOCW (RECS) Act '96.

3. As the present appropriate government in regard to NFL is the Central Government, the authority under the BOCW (RECS) Central Rules is the registering officer for construction jobs being undertaken currently. For cases relating to the time when it was under the State Government, it will be the respective ALC.

Thanks & Best Regards,