I have recently joined the construction industry, which is entrusted with the road construction activity of 45 km under the aegis of NHAI. I have obtained BOCW Registration along with the Contract Labour Licence (Central) as a compliance requirement. However, some of my seniors have also suggested that I should apply for a factory license, which has left me confused. We are also in the process of establishing a batching plant, asphalt plant, WMM plant, fuel pump, and storage of construction material, all connected to the construction activity. Therefore, I kindly seek guidance from senior members on whether I should also pursue a factory license.
From India, Nagpur
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7From India, Nagpur
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Dear Colleague,
The activities of the Asphalt plant, Batching plant, etc., planned by you in addition to the core activity of road construction fall under the manufacturing process and therefore are required to be covered under the Factories Act/Rules.
Regards,
Vinayak Nagarkar
HR Consultant.
From India, Mumbai
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The activities of the Asphalt plant, Batching plant, etc., planned by you in addition to the core activity of road construction fall under the manufacturing process and therefore are required to be covered under the Factories Act/Rules.
Regards,
Vinayak Nagarkar
HR Consultant.
From India, Mumbai
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Yes, you need to comply with the Factory Act if basic conditions are met regarding power and manpower. Apart from that, you need to comply with many more regulations. Since I do not know the conditions of the site, I am providing a list of all the laws generally applicable to the construction of roads. Please check with your project in charge for compliance.
A. MOEF Requirement for Road construction - EIA Report & Environment clearance from MOEF
B. Environment Protection Act: 1986
C. The Water (Prevention & Control of Pollution) Act, 1974
D. The Water (Prevention & Control of Pollution) Cess Act, 1977, including rules from 1978
E. The Air (Prevention & Control of Pollution) Act, 1984
F. The Hazardous Waste (Management & Handling) Rules, 2000
G. Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989
H. Forest clearance for tree cutting (Local, State, and Center if required)
I. Local authority or Gram Panchayat permission for the establishment of a plant
J. District Industry Center permission for the industry
K. Factory Act: 1948 (Crusher, HMP, RMC & CRMB) Plant Establishment
L. State Factory Rule (Director of Industrial Safety and Health requirement)
M. Building and Other Construction Worker Act, 1996
N. The Mines & Minerals Act, 1957, and
O. Mineral Concession Rules, 1960
P. Land Acquisition Rule-1998
Q. Petroleum Rules, 1976 (Petroleum & Explosive Department)
R. The Indian Electricity Rules, 1956
S. Batteries Act, 1989
T. Minimum Wages Act, 1948
U. EPF, ESIC, etc.
From India, Mumbai
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A. MOEF Requirement for Road construction - EIA Report & Environment clearance from MOEF
B. Environment Protection Act: 1986
C. The Water (Prevention & Control of Pollution) Act, 1974
D. The Water (Prevention & Control of Pollution) Cess Act, 1977, including rules from 1978
E. The Air (Prevention & Control of Pollution) Act, 1984
F. The Hazardous Waste (Management & Handling) Rules, 2000
G. Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989
H. Forest clearance for tree cutting (Local, State, and Center if required)
I. Local authority or Gram Panchayat permission for the establishment of a plant
J. District Industry Center permission for the industry
K. Factory Act: 1948 (Crusher, HMP, RMC & CRMB) Plant Establishment
L. State Factory Rule (Director of Industrial Safety and Health requirement)
M. Building and Other Construction Worker Act, 1996
N. The Mines & Minerals Act, 1957, and
O. Mineral Concession Rules, 1960
P. Land Acquisition Rule-1998
Q. Petroleum Rules, 1976 (Petroleum & Explosive Department)
R. The Indian Electricity Rules, 1956
S. Batteries Act, 1989
T. Minimum Wages Act, 1948
U. EPF, ESIC, etc.
From India, Mumbai
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