Dear All, Please Help me about BOCW act applicability and Licence Reg. We are constructing factory phase 2 and its factory already applicable factory act.
As per bellow point there is no need to applicable BOCW licence reg.
Please any one explain this:
As per Section 2(d) of the BOCW Act, 'building or other construction work' includes 'the construction, alteration, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.'
Hence, the term "building or other construction work" is defined in a manner that it does not include any building or other construction work to which the provisions of the Factories Act, 1948 apply. This exclusion clause of Section 2 (d) has been used by employers to evade registration and payment of cess under the BOCW Act. Employers covered under the Factories Act, 1948 refuse to come under the purview of the BOCW Act.
As per bellow point there is no need to applicable BOCW licence reg.
Please any one explain this:
As per Section 2(d) of the BOCW Act, 'building or other construction work' includes 'the construction, alteration, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.'
Hence, the term "building or other construction work" is defined in a manner that it does not include any building or other construction work to which the provisions of the Factories Act, 1948 apply. This exclusion clause of Section 2 (d) has been used by employers to evade registration and payment of cess under the BOCW Act. Employers covered under the Factories Act, 1948 refuse to come under the purview of the BOCW Act.