Communication Towers in Factories: Do They Need State Inspection Approval?

In many factories, communication towers have been erected. Is it necessary to include these towers in plans to be approved by the state factory inspection office?

Communication towers are like light masts. I don't think plan approval is required.

Regards,
Pon

In my view, the occupier probably has to show the erection of communication towers in the plans for approval since clause (b) of the sub-section requires the occupier to show, along with the flow chart of the manufacturing process, the site of the factory including adjacent buildings and other structures, roads, drains, and all other relevant details, etc.

Regards, B. Saikumar

I do agree with Shri Saikumar. In one of the factories in Gujarat, the tower fell down during the monsoon, resulting in the death of an employee. The factory inspector identified a breach of the rules regarding plan approval, along with many other sections.

I too agree with Sai Kumar ji. The clear provision is made in the Factory Rules for the approval of plans showing the site of the factory and even the immediate surroundings, including adjacent buildings, other structures, roads, drains, etc., as stated by Sai Kumar ji. This provision is made with a view to secure the health and safety of the workers employed in the factory premises. The objective of this legislation is to secure the health, safety, welfare, proper working conditions, etc., for workers.

In view of the above, communication towers are required to be approved in the plans.

Yes, the Occupier/Factory Manager should inform the Factories Department in case of any new commission, erection, or installation inside the factory premises.

Regards,

First of all, I would request you to kindly mention everything clearly while raising a query, thinking that other people do not know anything about the matter/issue. It is always better to ask a specific query rather than a general one. Now, in your present query, you have mentioned that in many factories communication towers have been erected and you wanted to know whether it is necessary to cover these towers in plans to be approved by the state factory inspection office. The first question that came to my mind is whether all the factories you have mentioned are registered under the Factories Act, 1948. The answer to your query will be different if these are registered factories and it will be different if these are not registered under the Factories Act, 1948. I will make an attempt to answer your query in both situations.

Registered Factories

In the registered factories, in my opinion, one has to get the plan approved by the Chief Inspector of factories for any extension or addition to the factory within the premises of the factory. A certificate of stability has to be obtained by the employer from the competent person and submitted to the Chief Inspector of factories for approval. However, any replacement of machinery in the factory shall not require permission. But if there is an increase in the manpower or the power consumption above what is mentioned in the registration certificate, then one has to get the necessary amendment by paying the requisite fee.

Unregistered Factories

In the case of unregistered factories, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 shall apply, and the employer has to obtain registration under the Act and pay cess at one percent of the total value of the construction cost to the State Welfare Board.

Regards,
BS Kalsi
Member since Aug 2011

I agree with the above opinion of Mr. Kalsi. Any addition or extension within the factory premises needs to be approved by the Factory Inspector to avoid any future legal complications.

Regards,
B. Dakshina Murty