whenever construction where going for construction under MIDC zone, where need to take provisonal NOC from chief fire officer & MIDC engineer, because whenever start the factory construction there will be clearance from MIDC enginner upto end of construction phase means final NOC, chief fire officer given clearance on approval plan which sanction by MIDC engineer they are calculating fire load as per your FSI , you need to take plan approval copy of DISH, MIDC, CHIEF FIRE OFFICER, if your factory comes under bioler, explosive then you need to take from CCE also.
BOCW act is also applicable upto the construction phase. till today BOCW act is applicable but no such inspector deputed like as factory inspector, thast why we need to take clearance from DISH whenever start the construction activity.
regards
ssp
From India, Mumbai
BOCW act is also applicable upto the construction phase. till today BOCW act is applicable but no such inspector deputed like as factory inspector, thast why we need to take clearance from DISH whenever start the construction activity.
regards
ssp
From India, Mumbai
Sir,
We are engineering company and awarded a project by our client for supply & erection of our equipment consisting of various Steel Materials. We have offloaded the erection work to a sub-contractor with 17 workers working on site. In this regard I would like to know:-
1) whether registration under BOCW act needs to be done by us (primary contractor) or the owner of the project?
2) If we do the registration under BOCW whether our sub-contractor again needs the registration under the same act?
3) Who will be paying the CESS amount under BOCW - we / sub-contractor / owner of the project?
4) If we apply for BOCW whether it is necessary that we should apply for CONTACT Labour ACT also or our sub-contractor ONLY should apply for Contract Labour ACT?
Please note the owner of the project is not holding BOCW registration.
Your valuable guidance is solicited.
Regards.
Manjiri Joshi
From India, Thana
We are engineering company and awarded a project by our client for supply & erection of our equipment consisting of various Steel Materials. We have offloaded the erection work to a sub-contractor with 17 workers working on site. In this regard I would like to know:-
1) whether registration under BOCW act needs to be done by us (primary contractor) or the owner of the project?
2) If we do the registration under BOCW whether our sub-contractor again needs the registration under the same act?
3) Who will be paying the CESS amount under BOCW - we / sub-contractor / owner of the project?
4) If we apply for BOCW whether it is necessary that we should apply for CONTACT Labour ACT also or our sub-contractor ONLY should apply for Contract Labour ACT?
Please note the owner of the project is not holding BOCW registration.
Your valuable guidance is solicited.
Regards.
Manjiri Joshi
From India, Thana
Dear Manjiri ji,
First of all, you need to tell whether the supply and erection job of equipments / plant and machinery which you are going to execute is in existing factory or in factory under construction which is falling under BOCW Act?
If it in existing factory, BOCW Act is not applicable to any of the activities in factory premises. If it is in factory under construction, BOCW Act is applicable to entire work site including your supply and erection work. The Principal Employer and all the contractors under him employing 10 and more persons need to apply and obtain RC under the BOCW Act. Each beneficiary (in service more than 90 days) is required to be registered with Board under BOCW Act.
According to me Cess is payable by the PE in case your PE is non PSU / Govt. U/T. However, the PE can make recovery of the cess amount from your billing if it is provided in the agreement signed by you.
If PE is PSU / Govt. U/T, cess is payable by you.
As regards to Licence under CLA, if you are employing 20 and more person, you are liable for the Licence. However, the PE is liable to endorse your details in his RC under CLA irrespective of number of persons you employ.
Hope you find it in order.
Thanks with regards.
Keshav Korgaonkar
From India, Mumbai
2555First of all, you need to tell whether the supply and erection job of equipments / plant and machinery which you are going to execute is in existing factory or in factory under construction which is falling under BOCW Act?
If it in existing factory, BOCW Act is not applicable to any of the activities in factory premises. If it is in factory under construction, BOCW Act is applicable to entire work site including your supply and erection work. The Principal Employer and all the contractors under him employing 10 and more persons need to apply and obtain RC under the BOCW Act. Each beneficiary (in service more than 90 days) is required to be registered with Board under BOCW Act.
According to me Cess is payable by the PE in case your PE is non PSU / Govt. U/T. However, the PE can make recovery of the cess amount from your billing if it is provided in the agreement signed by you.
If PE is PSU / Govt. U/T, cess is payable by you.
As regards to Licence under CLA, if you are employing 20 and more person, you are liable for the Licence. However, the PE is liable to endorse your details in his RC under CLA irrespective of number of persons you employ.
Hope you find it in order.
Thanks with regards.
Keshav Korgaonkar
From India, Mumbai
Sir,
Please note that there are two separate orders - one for supply and one for erection.
The erection part we have off loaded to our sub contractor, who directly employees the workforce for the erection work.
Our employer is the owner of the plant.
It is an existing plant already in production however, the plant where the current construction is going to be a separate entity and separate factory license for the same will be applied for.
The question is under this situation whether BOCW Act is applicable?
If Yes, then do we have to obtain BOCW registration as well as a separate license is also required for our sub contractor?
Thank you.
With regards.
Manjiri Joshi
From India, Thana
Please note that there are two separate orders - one for supply and one for erection.
The erection part we have off loaded to our sub contractor, who directly employees the workforce for the erection work.
Our employer is the owner of the plant.
It is an existing plant already in production however, the plant where the current construction is going to be a separate entity and separate factory license for the same will be applied for.
The question is under this situation whether BOCW Act is applicable?
If Yes, then do we have to obtain BOCW registration as well as a separate license is also required for our sub contractor?
Thank you.
With regards.
Manjiri Joshi
From India, Thana
Dear Manjiri ji,
Construction activity within factory premises including precincts (boundaries) thereof will not came under the preview of BOCW Act.
But you say that the new construction activity is a separate entity etc. One needs to see all the facts and papers carefully and give expert opinion accordingly. Generally within boundaries, there is no separate entity.
Thanks with regards.
Keshav Korgaonkar
From India, Mumbai
Construction activity within factory premises including precincts (boundaries) thereof will not came under the preview of BOCW Act.
But you say that the new construction activity is a separate entity etc. One needs to see all the facts and papers carefully and give expert opinion accordingly. Generally within boundaries, there is no separate entity.
Thanks with regards.
Keshav Korgaonkar
From India, Mumbai
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
BOCW Act for construction in factory premises- SC (1).PDF
How to start factory in pondicherry 1.doc
Construction Accident.zip