I have recently joined the construction industry, which is entrusted with the road construction activity of 45 km under the aegis of NHAI. I have obtained BOCW Registration along with the Contract Labour Licence (Central) as a compliance requirement. However, some of my seniors have also suggested that I should apply for a factory license, which has left me confused. We are also in the process of establishing a batching plant, asphalt plant, WMM plant, fuel pump, and storage of construction material, all connected to the construction activity. Therefore, I kindly seek guidance from senior members on whether I should also pursue a factory license.
From India, Nagpur
From India, Nagpur
Dear Colleague,
The activities of the Asphalt plant, Batching plant, etc., planned by you in addition to the core activity of road construction fall under the manufacturing process and therefore are required to be covered under the Factories Act/Rules.
Regards,
Vinayak Nagarkar
HR Consultant.
From India, Mumbai
The activities of the Asphalt plant, Batching plant, etc., planned by you in addition to the core activity of road construction fall under the manufacturing process and therefore are required to be covered under the Factories Act/Rules.
Regards,
Vinayak Nagarkar
HR Consultant.
From India, Mumbai
Yes, you need to comply with the Factory Act if basic conditions are met regarding power and manpower. Apart from that, you need to comply with many more regulations. Since I do not know the conditions of the site, I am providing a list of all the laws generally applicable to the construction of roads. Please check with your project in charge for compliance.
MOEF Requirement for Road Construction - EIA Report & Environment clearance from MOEF
Environment Protection Act: 1986
The Water (Prevention & Control of Pollution) Act, 1974
The Water (Prevention & Control of Pollution) Cess Act, 1977, including rules from 1978
The Air (Prevention & Control of Pollution) Act, 1984
The Hazardous Waste (Management & Handling) Rules, 2000
Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989
Forest Clearance for Tree Cutting (Local, State, and Center if required)
Local Authority or Gram Panchayat Permission for the Establishment of a Plant
District Industry Center Permission for the Industry
Factory Act: 1948 (Crusher, HMP, RMC & CRMB) Plant Establishment
State Factory Rule (Director of Industrial Safety and Health requirement)
Building and Other Construction Worker Act, 1996
The Mines & Minerals Act, 1957
Mineral Concession Rules, 1960
Land Acquisition Rule-1998
Petroleum Rules, 1976 (Petroleum & Explosive Department)
The Indian Electricity Rules, 1956
Batteries Act, 1989
Minimum Wages Act, 1948
EPF, ESIC, etc.
From India, Mumbai
MOEF Requirement for Road Construction - EIA Report & Environment clearance from MOEF
Environment Protection Act: 1986
The Water (Prevention & Control of Pollution) Act, 1974
The Water (Prevention & Control of Pollution) Cess Act, 1977, including rules from 1978
The Air (Prevention & Control of Pollution) Act, 1984
The Hazardous Waste (Management & Handling) Rules, 2000
Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989
Forest Clearance for Tree Cutting (Local, State, and Center if required)
Local Authority or Gram Panchayat Permission for the Establishment of a Plant
District Industry Center Permission for the Industry
Factory Act: 1948 (Crusher, HMP, RMC & CRMB) Plant Establishment
State Factory Rule (Director of Industrial Safety and Health requirement)
Building and Other Construction Worker Act, 1996
The Mines & Minerals Act, 1957
Mineral Concession Rules, 1960
Land Acquisition Rule-1998
Petroleum Rules, 1976 (Petroleum & Explosive Department)
The Indian Electricity Rules, 1956
Batteries Act, 1989
Minimum Wages Act, 1948
EPF, ESIC, etc.
From India, Mumbai
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