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on 23 rd sept 2009 chimny collapse at balco during construction of chimny for new power plant of 1200mw. due to collapse of chimny 40 persons were died & 6 were injured during work.
I want to know which act will be applicable on above stated chimny for safety of worker engaged in that job & why!
whether factories act 1948 is applicable on site or not.
raj

5th January 2011 From India , Bhopal

Dear Rajjukumar ji,
In this case the BOCW Act of 1996 would be applicable and not the Factories Act, 1948. This view is supported by the High Court of Madhya Pradesh in the case of M/s Gannon Dunkerlay & Co. Ltd., Vs. State of Madhya Pradesh and others and also by the High Court of Punjab & Haryana in the case of Adani Agri Logistics Ltd. and another Vs. State of Haryana amd others.
jpratap
23rd January 2011 From India , Chandigarh
Construction of a new factory or expansion of a factory for the purpose of production will be as per factories act of 1948. The factory should be within the boundary and works related to factory outside the designated place will be as per BOCW.
17th August 2011 From India , Vijayawada
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