Setting Up a Factory in TN: Do We Need Local Approval for Boundary Wall Construction?

We are in the process of setting up a factory in TN. For the acquired land, we intend to start compound wall construction. Does the boundary wall construction require the approval of the local administration (village Panchayats)? Can anyone quote the relevant rule?

Dear Pon1965, Requirements by the local administration may differ from place to place. However, I don't feel any approval is required from the local administration for a compound wall on a plain plot that is not covered under the Factory Act at present. Nevertheless, if the construction of the compound wall involves 10 or more construction workers, the provisions of the Building and Other Construction Workers (BOCW) Act will apply to you.

Regards

It seems that the construction of a compound wall is not included in the definition of "building or other construction work" in the BOCOW Act 1996 (sec 2(d)).

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

Dear Varghese ji, I respect your view. There is a scope to exclude the construction of a compound wall from the definition of a building or other construction work under the BOCW Act. There is an ambiguity in it.

Yes, for the construction of a compound wall, local body permission is required. Please check with the local municipality, etc.

BOCW Act and Factory Construction Regulations

Any construction activity with a cost of more than 10 Lakhs and not for personal use will be covered under the BOCW Act. For the construction of a compound wall within an existing factory, one must obtain approval from the Factory Inspector. The Inspector will then calculate the BOCWW Cess amount to be paid by reviewing the contract value of the construction activity. Upon payment of the BOCWW Cess, the Factory Inspector will grant approval for the construction activity.

Once approval is received, the BOCW Act no longer applies, and upon the start of construction within the existing factory premises, the Factories Act applies, similar to other factory workers. The other procedures being followed will remain unchanged. The Contract Labour Act and ISMW Act must be adhered to as usual, similar to regular construction sites.