Elamaran Perumal (Law Officer) 27 March 2010

Urgent please-Applicability of BOCW Act

Dear Learned members,

The Law says that the provisions of Factories Act,1948 are not applicable to a power project which is under construction stage, because there is any manufacturing activity inside the project premises. Under this circumstance, only the provisions of Buildings and Other Construction Workers Act-1996 are applicable to regulate the working conditions of labourers in the project area. Even for implementation of the BOCW Act-1996 for this kind of project, the Act has to be notified in the state concerned. This project is 50% 50% joint venture between a CPSU and SPSU. It is a deemed company under Sec-619 of the Companies Act-1956. It has been told to us that even the BOCW Act-1996 has not been notified in the state of T.N . Now , in view of this , we would like to know who is the appropriate government for enforcement of the Act whether it is centre or state?

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3 Replies

Swami Sadashiva Brahmendra Sar (Nil) 27 March 2010

It is State Government.

V.RAJESHWAR (Advocate) 30 November 2010

The appropriate Government in your case will be State Government. If you go through the notification No.24 of 2010 dt.18.8.2010 and notification No.S.O.2278(E) dt.15.9.2010 relating to Industrial Dispute (Amendment) Act 2010, whereby the scope of Central Govt. as Appropriate govt. has got widened. Now all the companies in which the Central Govt. has 51% of the paid up capital, all the CPSUs, Subsidary companies set up by the Principal undertaking and autonomous bodies owned or controlled by the Central govt. have come under the purview of Central Govt. The appropriate govt. will be State Govt. as the paid up share capital of the Central Govt. is lessthan 51%.