Hello, kindly clarify the differences between the BOCW Act 1996 and the Factory Act 1948.
From India, New Delhi
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From India, New Delhi
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The Building and Other Construction Workers (BOCW) Act, 1996 and the Factories Act, 1948 are two significant legislations in India that govern the safety, health, and welfare of workers. However, they differ in their applicability and provisions.
1. Scope of Application: The Factories Act, 1948 applies to any premises where a manufacturing process is carried out with the aid of power and employs ten or more workers, and without the aid of power, employing twenty or more workers. On the other hand, the BOCW Act, 1996 applies to establishments that employ ten or more workers in any building or other construction work.
2. Health and Safety Provisions: Both Acts have provisions for the health, safety, and welfare of workers. However, the Factories Act is more comprehensive, covering aspects like cleanliness, ventilation, lighting, drinking water, latrines and urinals, spittoons, fencing of machinery, work on or near machinery in motion, employment of young persons on dangerous machines, etc. The BOCW Act, while also covering safety and health measures, is more specific to the construction industry.
3. Welfare Measures: The Factories Act mandates facilities like washing facilities, facilities for sitting, first aid appliances, canteens, shelters, restrooms, and lunchrooms, creches, etc. The BOCW Act also mandates welfare measures such as drinking water, latrines and urinals, first-aid facilities, canteens, etc. However, it also provides for other facilities like separate huts for women, creches, and other facilities considering the nature of the construction industry.
4. Regulatory Authorities: The Factories Act is enforced by the State Governments through their Factory Inspectors, while the BOCW Act is enforced by the Central Government and the State Governments through the registering officers and inspectors appointed for this purpose.
5. Registration and Licensing: Under the Factories Act, the occupier of the factory has to submit an application for the registration and grant of a license. Under the BOCW Act, every employer has to give notice of commencement/completion of construction work to the registering officer.
In conclusion, while both Acts aim to protect the rights and ensure the safety of workers, they differ in their scope, provisions, and enforcement due to the different nature of industries they cover.
From India, Gurugram
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801. Scope of Application: The Factories Act, 1948 applies to any premises where a manufacturing process is carried out with the aid of power and employs ten or more workers, and without the aid of power, employing twenty or more workers. On the other hand, the BOCW Act, 1996 applies to establishments that employ ten or more workers in any building or other construction work.
2. Health and Safety Provisions: Both Acts have provisions for the health, safety, and welfare of workers. However, the Factories Act is more comprehensive, covering aspects like cleanliness, ventilation, lighting, drinking water, latrines and urinals, spittoons, fencing of machinery, work on or near machinery in motion, employment of young persons on dangerous machines, etc. The BOCW Act, while also covering safety and health measures, is more specific to the construction industry.
3. Welfare Measures: The Factories Act mandates facilities like washing facilities, facilities for sitting, first aid appliances, canteens, shelters, restrooms, and lunchrooms, creches, etc. The BOCW Act also mandates welfare measures such as drinking water, latrines and urinals, first-aid facilities, canteens, etc. However, it also provides for other facilities like separate huts for women, creches, and other facilities considering the nature of the construction industry.
4. Regulatory Authorities: The Factories Act is enforced by the State Governments through their Factory Inspectors, while the BOCW Act is enforced by the Central Government and the State Governments through the registering officers and inspectors appointed for this purpose.
5. Registration and Licensing: Under the Factories Act, the occupier of the factory has to submit an application for the registration and grant of a license. Under the BOCW Act, every employer has to give notice of commencement/completion of construction work to the registering officer.
In conclusion, while both Acts aim to protect the rights and ensure the safety of workers, they differ in their scope, provisions, and enforcement due to the different nature of industries they cover.
From India, Gurugram
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The Factories Act is a complete Act which provides for health, safety and welfare of the workers employed in the factory. The Act ensures these objectives by making it obligatory on the part of the employer to get the required safeguards like taking insurance or ESI coverage.
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is also an Act to provide for health, safety and welfare of the workers employed in construction of buildings. But BOCW Act is still beating around the bushes in the areas of prime importance, that is, applicability of ESI. The BOCW Act does not cover factories to which Factories Act applies. Therefore, there is difference of opinion about the welfare and safety measures of workers engaged in the construction of a building within a factory premises. This is mainly due to the lack of clarity in the definition of construction work as given in section 2(d) of the BOCW Act which excludes building and construction work to which the provisions of the Factories Act and Mines Act will apply.
On account of this the ESI Corporation is not able to extend coverage to building and construction workers. There has been a direction to cover them but which stood cancelled. The fate of their ESI coverage is still unknown. Unlike other Acts, say Plantation Labour Act or Shops and Commercial Establishments Act, the BOCW Act does not contain a self made provision for that.
From India, Kannur
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The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is also an Act to provide for health, safety and welfare of the workers employed in construction of buildings. But BOCW Act is still beating around the bushes in the areas of prime importance, that is, applicability of ESI. The BOCW Act does not cover factories to which Factories Act applies. Therefore, there is difference of opinion about the welfare and safety measures of workers engaged in the construction of a building within a factory premises. This is mainly due to the lack of clarity in the definition of construction work as given in section 2(d) of the BOCW Act which excludes building and construction work to which the provisions of the Factories Act and Mines Act will apply.
On account of this the ESI Corporation is not able to extend coverage to building and construction workers. There has been a direction to cover them but which stood cancelled. The fate of their ESI coverage is still unknown. Unlike other Acts, say Plantation Labour Act or Shops and Commercial Establishments Act, the BOCW Act does not contain a self made provision for that.
From India, Kannur
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Dear Akhilesh-kumar,
The BOCW Act 1996 is for the Greenfield construction of Factory Building, Roads & Bridges, Railway Tracks, Airports and Building.
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is also an Act to provide for health, safety and welfare of the workers employed in construction of aforesaid infrastructure.
Whereas, The Factories Act is applicable to a Factory involved in manufacturing process of X, Y & Z products.
The Act which provides guidelines for process, Safety and health with welfare of the workers employed in the factory.
The Act formulate the working conditions i.e, working hours, service conditions inside the factory and other objectives.
From India, Mumbai
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The BOCW Act 1996 is for the Greenfield construction of Factory Building, Roads & Bridges, Railway Tracks, Airports and Building.
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is also an Act to provide for health, safety and welfare of the workers employed in construction of aforesaid infrastructure.
Whereas, The Factories Act is applicable to a Factory involved in manufacturing process of X, Y & Z products.
The Act which provides guidelines for process, Safety and health with welfare of the workers employed in the factory.
The Act formulate the working conditions i.e, working hours, service conditions inside the factory and other objectives.
From India, Mumbai
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(Fact Checked)-Your explanation is correct! Both acts aim to ensure safety, health, and welfare of workers, but in different sectors. Keep up the good work! (1 Acknowledge point)
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Building-and-ot her-constructio n-workers-act-1 996.pdf
CiteHR.AI
(Fact Checked)-Your explanation is quite accurate! The Factories Act and BOCW Act do have different applicability and coverage. The ESI coverage for construction workers is indeed a complex issue. Keep up the good work! (1 Acknowledge point)