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
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616From India, Lucknow
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Dear Pon1965,
Requirements by the local administration may differ from place to place. However, I don't feel any approval is required from the local administration for a compound wall on a plain plot that is not covered under the Factory Act at present.
Nevertheless, if the construction of the compound wall involves 10 or more construction workers, the provisions of the Building and Other Construction Workers (BOCW) Act will apply to you.
From India, Mumbai
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Requirements by the local administration may differ from place to place. However, I don't feel any approval is required from the local administration for a compound wall on a plain plot that is not covered under the Factory Act at present.
Nevertheless, if the construction of the compound wall involves 10 or more construction workers, the provisions of the Building and Other Construction Workers (BOCW) Act will apply to you.
From India, Mumbai
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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
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From India, Thiruvananthapuram
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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
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From India, Mumbai
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Thank you, Mr. Korgoankar.
Similarly, there is a loophole in the definition of 'interstate migrant worker' 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 not recruiting any ISMs by an agreement with any contractor. The ISMs approach us directly for jobs.
So, the Government of Kerala, which introduced a welfare fund for them, is planning to amend the definition to cover all employees from other states who are not appointed by the PE on its payroll by an appointment letter issued on its letterhead.
Varghese Mathew
From India, Thiruvananthapuram
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Similarly, there is a loophole in the definition of 'interstate migrant worker' 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 not recruiting any ISMs by an agreement with any contractor. The ISMs approach us directly for jobs.
So, the Government of Kerala, which introduced a welfare fund for them, is planning to amend the definition to cover all employees from other states who are not appointed by the PE on its payroll by an appointment letter issued on its letterhead.
Varghese Mathew
From India, Thiruvananthapuram
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Yes for construction of comp wall local body permission required. Pl check with local muncipality etc
From India, Pune
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From India, Pune
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I did not understand the contention. Can you please explain it in more detail?
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
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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
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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
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From India, Thiruvananthapuram
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Any construction activity with a cost of more than 10 Lakhs and not for personal use will be covered under the BOCW Act. For the construction of a Compound Wall within an existing factory, one must obtain approval from the Factory Inspector. The Inspector will then calculate the BOCWW Cess amount to be paid by reviewing the contract value of the construction activity. Upon payment of the BOCWW Cess, the Factory Inspector will grant approval for the construction activity.
Once approval is received, the BOCW Act no longer applies, and upon the start of construction within the existing factory premises, the Factories Act applies, similar to other factory workers. The other procedures being followed will remain unchanged. The Contract Labour Act and ISMW Act must be adhered to as usual, similar to regular construction sites.
From India, Kumbakonam
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Once approval is received, the BOCW Act no longer applies, and upon the start of construction within the existing factory premises, the Factories Act applies, similar to other factory workers. The other procedures being followed will remain unchanged. The Contract Labour Act and ISMW Act must be adhered to as usual, similar to regular construction sites.
From India, Kumbakonam
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If the ISM is approaching the employer directly and is 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 if they are employees of the contractor. If the workers approach the employer for a job and the employer recruits them but puts them on the contractor's payroll, then the contract is a fraud/sham, and all the consequences follow.
From India, Mumbai
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From India, Mumbai
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Dear Saswata,
As a matter of fact, if you are employing another state worker who is already residing in the same state, then you need not adopt the ISMW Act. For example, if an Orissa worker settled in Tamilnadu is employed in X organization in Tamilnadu, then the X organization does not need to have the ISMW Act. However, if X has a license for recruitment in Orissa and engages the worker in Tamilnadu, then the organization engaging the Orissa worker must obtain the ISMW License.
I hope you understand the concept. If "A" holds some address proof in Tamilnadu, then even though he is from Orissa, X does not need to follow the ISMW Act. When engaging workers from other states, you can insist that the worker submit address proof from the state where they are getting engaged.
From India, Kumbakonam
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As a matter of fact, if you are employing another state worker who is already residing in the same state, then you need not adopt the ISMW Act. For example, if an Orissa worker settled in Tamilnadu is employed in X organization in Tamilnadu, then the X organization does not need to have the ISMW Act. However, if X has a license for recruitment in Orissa and engages the worker in Tamilnadu, then the organization engaging the Orissa worker must obtain the ISMW License.
I hope you understand the concept. If "A" holds some address proof in Tamilnadu, then even though he is from Orissa, X does not need to follow the ISMW Act. When engaging workers from other states, you can insist that the worker submit address proof from the state where they are getting engaged.
From India, Kumbakonam
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I think what the OP was saying was something was different. I am still waiting for him to clarify.
However, with reference to what you pointed out, I agree with the first part. But even if he is not residing in that state, but he comes on his own to that state and gets a job, ISMW act will not apply. The question is then, what is adequate documentation. We insist that there must be documentation to show that the person was interviewed and given an appointment in the state where the unit is located. For this, the contractor must keep adequate documentation of interviews and basis of selection. This must be done not only for the ISMW but for all; otherwise, it will be assumed that the documentation is fake since it's created only for ISMW.
I will add this point of address proof to our checklist/conditions. But then we need to ensure that he was domiciled there prior to the recruitment date. Else if there is no date on the address proof, we will be back to square one.
From India, Mumbai
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However, with reference to what you pointed out, I agree with the first part. But even if he is not residing in that state, but he comes on his own to that state and gets a job, ISMW act will not apply. The question is then, what is adequate documentation. We insist that there must be documentation to show that the person was interviewed and given an appointment in the state where the unit is located. For this, the contractor must keep adequate documentation of interviews and basis of selection. This must be done not only for the ISMW but for all; otherwise, it will be assumed that the documentation is fake since it's created only for ISMW.
I will add this point of address proof to our checklist/conditions. But then we need to ensure that he was domiciled there prior to the recruitment date. Else if there is no date on the address proof, we will be back to square one.
From India, Mumbai
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BOCW Act for construction in factory premises- SC.PDF