Dear Seniors, Please update on the factories act and BOCW act regarding license obtaining for casting yard.
We the construction company registration done under BOCW and license taken for CLARA, PCB & ISMW.
Here we are asked to take a factory license for our casting yard ( where our construction activities take place like segments, structure, etc) although we had registered under BOCW is it so mandatory to take a factory license for our casting yard.
Seeking all your valuable advice. Thanks in advance.
From India, New Delhi
4We the construction company registration done under BOCW and license taken for CLARA, PCB & ISMW.
Here we are asked to take a factory license for our casting yard ( where our construction activities take place like segments, structure, etc) although we had registered under BOCW is it so mandatory to take a factory license for our casting yard.
Seeking all your valuable advice. Thanks in advance.
From India, New Delhi
Dear Colleague,
The nature of Casting Yeard and defenition of " Manufacturing Process" under The Factories Act 1948 are the key deciding factor. If you employ 20 or more wokrers without the aid of Power or 10 or more workers with the aid of power and you involve in " Manufacturing" then YES you are a factory.
A casting yard is a place where concrete components like segments, boundary wall panels, casted, shifted to their stack yard, cured for the specific period and then shifted to the working site after they gain their required strength. This covers some or other part of the definition of manufacturing process as per Factories Act. In the factories Act,1948, according to section 2(k) defines manufacturing process as:- “Manufacturing process” means process for –(i) Making, altering, repairing, oiling, washing, cleaning, ornamenting, finishing, packing, breaking up, or otherwise treating or adapting any article or substance with a view to its use, ..
Hence it is suggested to have a discussion with Directorate of Industrial Safety and Health of your location and get more clarity, then apply for necessary license / approvals/ compliance as may be required.
From India, Chennai
The nature of Casting Yeard and defenition of " Manufacturing Process" under The Factories Act 1948 are the key deciding factor. If you employ 20 or more wokrers without the aid of Power or 10 or more workers with the aid of power and you involve in " Manufacturing" then YES you are a factory.
A casting yard is a place where concrete components like segments, boundary wall panels, casted, shifted to their stack yard, cured for the specific period and then shifted to the working site after they gain their required strength. This covers some or other part of the definition of manufacturing process as per Factories Act. In the factories Act,1948, according to section 2(k) defines manufacturing process as:- “Manufacturing process” means process for –(i) Making, altering, repairing, oiling, washing, cleaning, ornamenting, finishing, packing, breaking up, or otherwise treating or adapting any article or substance with a view to its use, ..
Hence it is suggested to have a discussion with Directorate of Industrial Safety and Health of your location and get more clarity, then apply for necessary license / approvals/ compliance as may be required.
From India, Chennai
Dear CiteHR member John S. Peter,
Greetings.
Your question has been appropriately commented upon by our senior member Dr. P. Sivakumar that the work of casting yard is covered under the 'manufacturing process' as defined in Section 2(k)(i) of The Factories Act 1948. However, it is seen from your query that the company is a contractor company as you have taken registration under BOCW Act, CLARA, PCB and ISMW Acts. In view of this it is to be seen from the NIT and contract agreements etc as to whether the casting yard has been provided by the Employer (i.e. Contract awarding company) and what are the terms and conditions of the same. Only then an appropriate opinion can be offered on your particular query.
2. Nonetheless it may be clarified BOCW Act 1996 does not apply to factories.
3. For adequate and appropriate customized advice in confidence you may send individual request.
With regards to senior Dr P Sivakumar and all Experts of the CiteHR Forum.
Chandra Mani Lal Srivastava
Master Consultant 9315516083
Contract Management, Tender, Works and Service Legal Expert.
New Delhi/06.02.2022/6:23 pm
From India, New Delhi
Greetings.
Your question has been appropriately commented upon by our senior member Dr. P. Sivakumar that the work of casting yard is covered under the 'manufacturing process' as defined in Section 2(k)(i) of The Factories Act 1948. However, it is seen from your query that the company is a contractor company as you have taken registration under BOCW Act, CLARA, PCB and ISMW Acts. In view of this it is to be seen from the NIT and contract agreements etc as to whether the casting yard has been provided by the Employer (i.e. Contract awarding company) and what are the terms and conditions of the same. Only then an appropriate opinion can be offered on your particular query.
2. Nonetheless it may be clarified BOCW Act 1996 does not apply to factories.
3. For adequate and appropriate customized advice in confidence you may send individual request.
With regards to senior Dr P Sivakumar and all Experts of the CiteHR Forum.
Chandra Mani Lal Srivastava
Master Consultant 9315516083
Contract Management, Tender, Works and Service Legal Expert.
New Delhi/06.02.2022/6:23 pm
From India, New Delhi
Sir,
Thanks for your inputs.
Just want to convey that as you said principal employer doesn't provide us the land for constructing our casting yard.
We the contractor our identified the land for our pre cast yard which is temporary set up hence it was taken on the lease.
Here we will construct our own segment for our projects and we are not dealing with any stakeholders for sale activities. Once our project activities get completed we will hand over the land to the lessor as in the same condition.
The definition it includes the segment activities
BOCW Rule definition 2 sub clause (ZY)―segment‖ includes a cast iron or precast concrete segmented structure formed to the curvature of the tunnel cross-section and used to support the ground surrounding the tunnel;
Hence we had registered under BOCW for our construction activities as per our tender we may deal with different places but our workmen and nature of work covers under BOCW.
Hence factories act 2k will may not implement on this case.
But if there any provision regarding the same please update sir.
Thanks in advance sir.
From India, New Delhi
Thanks for your inputs.
Just want to convey that as you said principal employer doesn't provide us the land for constructing our casting yard.
We the contractor our identified the land for our pre cast yard which is temporary set up hence it was taken on the lease.
Here we will construct our own segment for our projects and we are not dealing with any stakeholders for sale activities. Once our project activities get completed we will hand over the land to the lessor as in the same condition.
The definition it includes the segment activities
BOCW Rule definition 2 sub clause (ZY)―segment‖ includes a cast iron or precast concrete segmented structure formed to the curvature of the tunnel cross-section and used to support the ground surrounding the tunnel;
Hence we had registered under BOCW for our construction activities as per our tender we may deal with different places but our workmen and nature of work covers under BOCW.
Hence factories act 2k will may not implement on this case.
But if there any provision regarding the same please update sir.
Thanks in advance sir.
From India, New Delhi
Just want to convey that as you said principal employer doesn't provide us the land for constructing our casting yard. https://techzpod.com/ https://get-mobdrovip.com
From India, Lucknow
From India, Lucknow
Dear CiteHR Member Wilmarzop-LKO,
The link provided in your comment is not relevant to the query posted by John Sebastian Peter. The link relates to downloading of an app for entertainment. I am afraid such a link complies with the Rules of the CiteHR Forum.
Kindly review your comment.
With due regards,
Chandra Mani Lal Srivastava
Master Consultant
New Delhi/08.02.2022/3:25 pm
From India, New Delhi
The link provided in your comment is not relevant to the query posted by John Sebastian Peter. The link relates to downloading of an app for entertainment. I am afraid such a link complies with the Rules of the CiteHR Forum.
Kindly review your comment.
With due regards,
Chandra Mani Lal Srivastava
Master Consultant
New Delhi/08.02.2022/3:25 pm
From India, New Delhi
Dear Mr John S. Peter,
Thanks for you question through post dated 6th Feb 2022 seeking a clarification on the definition vide Rule 2 (zy) pertaining to definition of 'segment' under BOCW Central Rules and definition vide Section 2(k) of The Factories Act 1948. After carefully considering both the definitions in the specific context of their extant application, I shall offer my considered opinion as under:
1. It is your case that your company has obtained registration under BOCW Act and according to definition given in Rule 2(zy) the Casting Yard is part of construction work and no other license is required for the Casting Yard.
2. A careful perusal of definition at Rule 2(zy) reveals that 'segment' has been defined as a cast iron or "pre cast" segmented structure. It may be noted that the Rule contains the intention of "pre cast" i.e. the segmented structure is not to be made/prepared/constructed at the site of construction, but a "pre cast (already made)" structure has to be used for the construction activity. It gives the meaning that "pre casted segment" has to be made at a site other than the construction site. Therefore definition of Rule 2(zy) is not applicable to Casting Yard where activities of "preparing casted segment" is carried out.
3. Since the activity of preparing/making a casting segment is a process which adequately falls under the definition of "manufacturing process" as defined in Section 2(k) of The Factories Act 1948, therefore it would be appropriate to comply with the directions of Factories Inspector and obtain a license under Factories Act for the Casting Yard.
4. In case your company does not want to comply with the directions of Factories Inspector then an appeal can be filed by your company before the Chief Inspector or the authority prescribed for this purpose.
Hope this comment adequately answers your query. You/your company may have disagreement with my opinion, but the decision will ultimately lie with the Competent Authority if you go for appeal. I would hope that you would validate my comment if you feel that a fair attempt has been made to satisfy your query.
With regards and good wishes,
Chandra Mani Lal Srivastava
Master Consultant 9315516083
Contract Management, Tender, Works And Service Laws Expert
New Delhi/11.02.2022/00.01 hrs
From India, New Delhi
Thanks for you question through post dated 6th Feb 2022 seeking a clarification on the definition vide Rule 2 (zy) pertaining to definition of 'segment' under BOCW Central Rules and definition vide Section 2(k) of The Factories Act 1948. After carefully considering both the definitions in the specific context of their extant application, I shall offer my considered opinion as under:
1. It is your case that your company has obtained registration under BOCW Act and according to definition given in Rule 2(zy) the Casting Yard is part of construction work and no other license is required for the Casting Yard.
2. A careful perusal of definition at Rule 2(zy) reveals that 'segment' has been defined as a cast iron or "pre cast" segmented structure. It may be noted that the Rule contains the intention of "pre cast" i.e. the segmented structure is not to be made/prepared/constructed at the site of construction, but a "pre cast (already made)" structure has to be used for the construction activity. It gives the meaning that "pre casted segment" has to be made at a site other than the construction site. Therefore definition of Rule 2(zy) is not applicable to Casting Yard where activities of "preparing casted segment" is carried out.
3. Since the activity of preparing/making a casting segment is a process which adequately falls under the definition of "manufacturing process" as defined in Section 2(k) of The Factories Act 1948, therefore it would be appropriate to comply with the directions of Factories Inspector and obtain a license under Factories Act for the Casting Yard.
4. In case your company does not want to comply with the directions of Factories Inspector then an appeal can be filed by your company before the Chief Inspector or the authority prescribed for this purpose.
Hope this comment adequately answers your query. You/your company may have disagreement with my opinion, but the decision will ultimately lie with the Competent Authority if you go for appeal. I would hope that you would validate my comment if you feel that a fair attempt has been made to satisfy your query.
With regards and good wishes,
Chandra Mani Lal Srivastava
Master Consultant 9315516083
Contract Management, Tender, Works And Service Laws Expert
New Delhi/11.02.2022/00.01 hrs
From India, New Delhi
Dear Sir,
Thanks for your valid response,
https://www.helplinelaw.com/recent-j...-act-1996.html
https://www.scconline.com/blog/post/...cess-act-1996/
Request to validate the above link for my understanding please do the needful sir.
Thanks & Regards,
John Peter S
From India, New Delhi
Thanks for your valid response,
https://www.helplinelaw.com/recent-j...-act-1996.html
https://www.scconline.com/blog/post/...cess-act-1996/
Request to validate the above link for my understanding please do the needful sir.
Thanks & Regards,
John Peter S
From India, New Delhi
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