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Elamaran Perumal (Law Officer)     27 March 2010

Urgent please-Applicability of BOCW Act

Dear Learned members,

The Law says that the provisions of Factories Act,1948 are not applicable to a power project which is under construction stage, because there is any manufacturing activity inside the project premises. Under this circumstance, only the provisions of Buildings and Other Construction Workers Act-1996 are applicable to regulate the working conditions of labourers in the project area. Even for implementation of the BOCW Act-1996 for this kind of project, the Act has to be notified in the state concerned. This project is 50% 50% joint venture between a CPSU and SPSU. It is a deemed company under Sec-619 of the Companies Act-1956. It has been told to us that even the BOCW Act-1996 has not been notified in the state of T.N . Now , in view of this , we would like to know who is the appropriate government for enforcement of the Act whether it is centre or state?


 2 Replies

pardeep rai (Sr. Accounts exe.)     23 August 2011

date enforcement of BOCW Act, 1996 to employers, i.e. on which date it is applicable to pricicpal employer/ contractors. whther from 1996 or 2006

rajjukumar (dy director)     05 January 2013

There are why a lot of confusion  i think is due to wrong way of interpretation of the factories act 1948 and BOCW act 1996. it is only due to reason that most of the person i m sorry also man from legal side does not go through object and reason of the act. From the fact it is crystal clear that factories under construction will come under the purview of BOCW act as the workers engaged for this construction are not availing benefit under factories act simple concept is BOcW act is related with construction activies where as factories act related with manufacturing process.


Rajju kumar


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