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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BOCW Act for construction in factory premises- SC.PDF