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 local administration (village Panchayats)? Can anyone quote the relevant rule?
From India, Lucknow
604From India, Lucknow
Dear Pon1965,
Requirements by local administration may differ from place to place. But I don't feel any approval is required from local administration for compound wall of plain plot which is not covered under Factory Act presently.
However, if the work of compound wall is carried out with the help of 10 or more construction workers, provisions of BOCW Act will apply to you.
From India, Mumbai
Requirements by local administration may differ from place to place. But I don't feel any approval is required from local administration for compound wall of plain plot which is not covered under Factory Act presently.
However, if the work of compound wall is carried out with the help of 10 or more construction workers, provisions of BOCW Act will apply to you.
From India, Mumbai
It seems that construction of compound wall is not included in the definition of "building or other construction work " in the BOCOW Act 1996.(sec 2(d) ) Varghese Mathew 9961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Varghese ji, I respect your view. There is a scope to exclude construction of compound wall from the definition of Bldg or other constriction work under BOCW Act. There is an ambiguity in it.
From India, Mumbai
From India, Mumbai
Thank you Mr korgoankar.
Similarly there is a loop hole in the definition ' interstate migrant worker's ' in the ISM Act.It covers only a person who is recruited by or through a contractor in one state under an agreement for employment in an establishment in another state.In Kerala there are 20 lakhs of ISMs out of its population of 350 lakhs.The employers say that they are recruiting any ISMs by an agreement with any contractor.The ISMs approach us directly for jobs.
So the Govt of Kerala which introduced a welfare fund for them ,is planning to amend the definition to cover all employees from other state who is not appointed by the PE in its pay roll by an appointment letter issued in its letter head.
Varghese mathew
From India, Thiruvananthapuram
Similarly there is a loop hole in the definition ' interstate migrant worker's ' in the ISM Act.It covers only a person who is recruited by or through a contractor in one state under an agreement for employment in an establishment in another state.In Kerala there are 20 lakhs of ISMs out of its population of 350 lakhs.The employers say that they are recruiting any ISMs by an agreement with any contractor.The ISMs approach us directly for jobs.
So the Govt of Kerala which introduced a welfare fund for them ,is planning to amend the definition to cover all employees from other state who is not appointed by the PE in its pay roll by an appointment letter issued in its letter head.
Varghese mathew
From India, Thiruvananthapuram
Yes for construction of comp wall local body permission required. Pl check with local muncipality etc
From India, Pune
From India, Pune
I did not understand the contention
Can you please explain it in more details ?
Anyone recruited in one state to work for any unit in another state through a contractor will be covered in the ISMW act.
So what is the contention they are providing ?
From India, Mumbai
Can you please explain it in more details ?
Anyone recruited in one state to work for any unit in another state through a contractor will be covered in the ISMW act.
So what is the contention they are providing ?
From India, Mumbai
One correction.Employers say that they are not recruiting ny ISMs through any contractor.But ISM directly approach them searching for job. Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Any construction activity with more than 10 Lakhs cost and not for own use, it will be covered under BOCW Act. For construction of Compound Wall in the existing factory, one must get the approval from the Factory Inspector. He will in turn calculate the BOCWW Cess amount to be paid by perusing the contract value of the construction activity. On payment of BOCWW Cess, the Factory inspector will sanction the approval for construction activity.
After approval the BOCW Act Ceases and on commencement of the construction activity in the existing factory premises, the factories act applies as like other factory workers.
The other procedures being followed will not have any change. The Contract Labour Act and ISMW Act will have to be followed as usual as like normal construction sites.
From India, Kumbakonam
After approval the BOCW Act Ceases and on commencement of the construction activity in the existing factory premises, the factories act applies as like other factory workers.
The other procedures being followed will not have any change. The Contract Labour Act and ISMW Act will have to be followed as usual as like normal construction sites.
From India, Kumbakonam
If the ISM are approaching the employer directly and are recruited by the employer, not by the contractor (meaning on company payroll not contractor payroll), then the act does not apply. But this will not hold true of they are employees of the contractor. If the workers approach the employer for a job and the employer recruited them but outs them on on tractor rule, then the contract is a fraud / sham and all the consequences follow
From India, Mumbai
From India, Mumbai
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BOCW Act for construction in factory premises- SC.PDF
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