Does BOCW Act is applicable to projects under expansion, within premises of the Factory wherein Factories Act is already applicable?
My opinion is that if the premises where expansion is undergoing is already covered in the factory layout/factory premises drawing approved by the Factory Inspector, then such expansion is being done in the factory already covered by Factories Ac, 1948. Therefore the provisions of BOCWA, 1996 will not be applicable to such premises as such no Building Cess is required to be paid. However all the provisions of the Factories Act, 1948 will apply to such premises. If the premises are not covered in the factory layout drawing approved by Factory Inspector, the provisions of BOCWA, 1996 will apply.
The definitions of 'Employer' here-under for your references-
-“building or other construction work” means the construction, alteration, repairs, maintenance or demolition of or in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, waterworks (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or any construction work to which the provisions of the Factory Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.
Regards,
Amit
From India, Delhi
139The definitions of 'Employer' here-under for your references-
-“building or other construction work” means the construction, alteration, repairs, maintenance or demolition of or in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, waterworks (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or any construction work to which the provisions of the Factory Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.
Regards,
Amit
From India, Delhi
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Abstract of the BOCW Act.doc
Applicability of ESI Act.pdf