Construction Work Inside a Factory: Should We Follow the Factories Act or BOCW?

I need some information. We are a construction company, and we are doing extension construction work inside a factory premises. Which will be applicable for us - the Factories Act or BOCW? In case the Factories Act is applicable, do we have to maintain records, health centers, etc., or is the client responsible for all of these things?

Thanks in advance.

Regards

Please find attached the Factories Act and BOCW for the Construction Company.

Regards,
P.V. Rajamannar
[Phone Number Removed For Privacy Reasons]
CONCAST FERRO INC.
Near Dusi Railway Station.
Srikakulam - 532484.
Ph: 08942 32664 to 652.

Please find attached the Factories Act and BOCW for the Construction Company.

Regards,
P.V. Rajamannar
[Phone Number Removed For Privacy Reasons]
CONCAST FERRO INC.
Near Dusi Railway Station.
Srikakulam - 532484.
Ph: 08942 32664 to 652.

The Factories Act is applicable to the organization where you are constructing. As a principal employer, it will be the responsibility of the occupier of that company. For you, BOCW will be applicable.

For the construction industry where the Factories Act is not applicable, BOCW will be applicable.

Thanks & Regards,
Sudhir

I understood from the post that your company is essentially a construction-based company. Currently, your company is involved in expansion and construction activities at a Client Site governed by the Factories Act. Since your company is not engaged in manufacturing activities, it falls under the purview of the BOCW Act.

The Client Site is already regulated under the Factories Act; therefore, there is no additional application of the BOCW Act. However, if it is a greenfield project, the BOCW Act will be applicable.

Regards,
Murugavel B.
Manager HR

Thank you all for the replies. From your answer, what I can understand is that as we are working in an existing factory, the Factories Act is applicable to us. Do we have to fulfill all the requirements as per the Factories Act, or is it the client who has to provide all the facilities? Kindly reply, Sir.

Thanks and regards.

The Construction Company (which may be your client) should follow the BOCW Act and will not be covered under the Factories Act. In a place where the manufacturing process is carried on, that industry naturally comes under the Factories Act. For any additional construction or expansion, the BOCW Act doesn't apply (exemption is provided under the BOCW Act). However, both companies have to comply with the rules of the Contract Labour Regulations and Abolition Act, depending on the number of employees employed in the place where the construction activity is carried out.

Regards

Thank you very much for the reply. We are actually working on an expansion project. Based on your response, I understand that the Building and Other Construction Workers (BOCW) Act does not apply to us, and we need to comply with the "Contract Labour Regulations and Abolition Act," along with other legal requirements.

Thank you very much for your reply, sir.