On 23 rd sept 2009 chimney collapse during construction of chimney for new power plant of 1200mw. Due to collapse of chimney 40 persons were dead & 6 were injured during work. I want to know which act will be applicable on above stated chimney for safety of workers engaged in that job & why!
whether factories act 1948 is applicable on site or not.
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 and others.
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.