CONTRACT LABOUR (REGULATION AND ABOLITION) ACT,
1970
[Act No. 37 of Year 1970, dated 5th.
September, 1970]
An Act
to regulate the employment of contract labour in certain
establishments and to provide for its abolition in certain
circumstances and for matters connected therewith
Be it enacted
by Parliament in the Twenty-first Year of the Republic of India as
follows:
Comment: Object of the Act is to regulate and
to improve the conditions of service of contract labour and not
merely to abolish contract labour.
CHAPTER I: PRELIMINARY
1. Short title,
extent, commencement and application
(1) This Act
may be called the Contract Labour (Regulation and Abolition) Act,
1970
(2) It
extends to the whole of India.
(3) It shall come into force on such date
as the Central Government may, by notification in the Official
Gazette, appoint and different dates may be appointed for different
provisions of this Act.
(4) It
applies-
(a) to every
establishment in which twenty or more workmen are employed or were
employed on any day of the preceding twelve months as contract
labour;
(b) to every
contractor who employs or who employed on any day of the preceding
twelve months twenty or more workmen:
PROVIDED that
the appropriate government may, after giving not less than two
months' notice of its intention so to do, by notification in the
Official Gazette, apply the provisions of this Act to any
establishment or contractor employing such number of workmen less
than twenty as may be specified in the notification.
(5) (a) It
shall not apply to establishments in which work only of an
intermittent or casual nature is performed.
(b) If a
question arises whether work performed in an establishment is of an
intermittent or casual nature, the appropriate government shall
decide the question after consultation with the Central Board or, as
the case may be, as State Board, and its decision shall be
final.
Explanation:
For the purpose of this sub-section,
work performed in an establishment shall not be deemed to be of an
intermittent nature-
(i) if it was
performed for more than one hundred and twenty days in the preceding
twelve months, or
(ii) if it is
of a seasonal character and is performed for more than sixty days in
a year.
2.
Definitions
(1) In this
Act, unless the context otherwise requires,-
(a)
"appropriate government" means-
(i) in
relation to an establishment in respect of which the appropriate
government under the Industrial Disputes Act, 1947 (14 of 1947), is
the Central Government, the Central Government;
(ii) in
relation to any other establishment, the Government of the State in
which that other establishment is situate;]
(b) a workman
shall be deemed to be employed as "contract labour" in or in
connection with the work of an establishment when he is hired in or
in connection with such work by or through a contractor, with or
without the knowledge of the principal employer;
(c)
"contractor", in relation to an establishment, means a person who
undertakes to produce a given result for the establishment, other
than a mere supply of goods or articles of manufacture to such
establishment, through contract labour or who supplies contract
labour for any work of the establishment and includes a
sub-contractor;
(d)
"controlled industry" means any industry the control of which by the
Union has been declared by any Central Act to be expedient in the
public interest;
(e)
"establishment" means-
(i) any
office or department of the government or a local authority, or
(ii) any
place where any industry, trade, business, manufacture or occupation
is carried on;
(f)
"prescribed" means prescribed by rules made under this Act;
(g)
"principal employer" means-
(i) in
relation to any office or department of the government or a local
authority, the head of that office or department or such other
officer as the government or the local authority; as the case may
be, may specify in this behalf,
(ii) in a
factory, the owner or occupier of the factory and where a person has
been named as the manager of the factory under the Factories Act,
1948 (63 of 1948), the person so named.
(iii) in a
mine, the owner or agent of the mine and where a person has been
named as the manager of the mine, the person so named,
(iv) in any
other establishment, any person responsible for the supervision and
control of the establishment.
Explanation : For the purpose
of sub-clause (iii) of this clause, the expressions "mine", "owner"
and "agent" shall have the meanings respectively assigned to them in
clause (j) clause (l) and clause (c) of sub-section (1) of section 2
of the Mine Act, 1952 (35 of 1952);
(h) "wages"
shall have the meaning assigned to it in clause (vi) of section 2 of
the Payment of Wages Act, 1936 (4 of 1936);
(i) "workman"
means any person employed in or in connection with the work of any
establishment to do any skilled, semi-skilled or unskilled manual,
supervisory, technical or clerical work for hire or reward, whether
the terms of employment be express or implied, but does not include
any such person-
(A) who is employed mainly in a
managerial or administrative capacity; or
(B) who,
being employed in a supervisory capacity draws wages exceeding five
hundred rupees per mensem or exercises, either by the nature of the
duties attached to the office or by reason of the powers vested in
him, functions mainly of a managerial nature; or
(C) who is an
out-worker, that is to say, a person to whom any article and
materials are given out by or on behalf of the principal employer to
be made up, cleaned, washed, altered, ornamented, finished,
repaired, adapted or otherwise processed for sale for the purposes
of the trade or business of the principal employer and the process
is to be carried out either in the home of the out-worker or in some
other premises, not being premises under the control and management
of the principal employer.
(2) Any
reference in this Act to a law which is not in force in the State of
Jammu and Kashmir shall, in relation to that State, be construed as
a reference to the corresponding law, if any, in force in that
State.
CHAPTER II: THE ADVISORY BOARDS
3. Central
Advisory Board
(1) The
Central Government shall, as soon as may be, constitute a Board to
be called the Central Advisory Contract Labour Board (hereinafter
referred to as the Central Board) to advise the Central Government
on such matter arising out of the administration of this Act as may
be referred to it and to carry out other functions assigned to it
under this Act.
(2) The
Central Board shall consist of-
(a) a
Chairman to be appointed by the Central Government;
(b) the Chief
Labour Commissioner (Central), ex officio;
(c) such
number of members, not exceeding seventeen but not less than eleven,
as the Central Government may nominate to represent that government,
the Railways, the coal industry, the mining industry, the
contractors, the workmen and any other interests which, in the
opinion of the Central Government, ought to be represented on the
Central Board.
(3) The
number of persons to be appointed as members from each of the
categories specified in sub-section (2), the term of office and
other conditions of service of, the procedure to be followed in the
discharge of their functions by, and the manner of filling vacancies
among, the members of the Central Board shall be such as may be
prescribed:
PROVIDED that
the number of members nominated to represent the workmen shall not
be less than the number of members nominated to represent the
principal employers and the contractors.
4. State
Advisory Board
(1) The State
Government may constitute a Board to be called the State Advisory
Contract Labour Board (hereinafter referred to as the State Board)
to advise the State Government on such matters arising out of the
administration of this Act as may be referred to it and to carry out
other functions assigned to it under this Act.
(2) The State
board shall consist of-
(a) a
Chairman to be appointed by the State Government;
(b) the Labour Commissioner, ex officio,
or in his absence any other officer nominated by the State
Government in that behalf;
(c) such
number of members, not exceeding eleven but not less than nine, as
the State Government may nominate to represent that government, the
industry, the contractors, the workmen and any other interests
which, in the opinion of the State Government, ought to be
represented on the State Board.
(3) The
number of persons to be appointed as members from each of the
categories specified in sub-section (2), the term of office and
other conditions of service of, the procedure to be followed in the
discharge of their functions by, and the manner of filling
vacancies, among, the members of the State Board shall be such as
may be prescribed:
PROVIDED that
the number of members nominated to represent the workmen shall not
be less than the number of members nominated to represent the
principal employers and the contractors.
5. Power to
constitute committees
(1) The
Central Board or the State Board, as the case may be, may constitute
such committees and for such purpose or purposes as it may think
fit.
(2) The
committee constituted under sub-section (1) shall meet at such time
and places and shall observe such rules of procedure in regard to
the transaction of business at its meetings as may be
prescribed.
(3) The
members of a committee shall be paid such fees and allowances for
attending its meetings as may be prescribed:
PROVIDED that
no fees shall be payable to a member who is an officer of government
or of any corporation established by any law for the time being in
force.
CHAPTER III: REGISTRATION OF ESTABLISHMENTS EMPLOYING
CONTRACT LABOUR
6. Appointment
of registering officers
The
appropriate government may, by an order notified in the Official
Gazette-
(a) appoint
such persons, being Gazetted Officers of government, as it thinks
fit to be registering officers for the purpose of this chapter;
and
(b) define
the limits, with in which a registering officer shall exercise the
powers conferred on him by or under this Act.
7. Registration
of certain establishments
(1) Every
principal employer of an establishment to which this Act applies
shall, within such period as the appropriate government may, by
notification in the Official Gazette, fix in this behalf with
respect to establishment generally or with respect to any class of
them, make an application to the registering officer in the
prescribed manner for registration of the establishment:
PROVIDED that
the registering officer may entertain any such application for
registration after expiry of the period fixed in this behalf, if the
registering officer is satisfied that the applicant was prevented by
sufficient cause from making the application in time.
(2) If the
application for registration is complete in all respects, the
registering officer shall register the establishment and issue to
the principal employer of the establishment a certificate of
registration containing such particulars as may be prescribed.
8. Revocation of
registration in certain cases
If the registering officer is satisfied,
either on a reference made to him in this behalf or otherwise, that
the registration of any establishment has been obtained by
misrepresentation or suppression of any material fact, or that for
any other reason the registration has become useless or ineffective
and, therefore requires to be revoked, the registering officer may,
after giving an opportunity to the principal employer of the
establishment to be heard and with the previous approval of the
appropriate government, revoke the registration.
9. Effect of
non-registration
No principal
employer of an establishment, to which this Act applies, shall-
(a) in the
case of an establishment required to be registered under section 7,
but which has not been registered within the time fixed for the
purpose under that section;
(b) in the
case of an establishment the registration in respect of which has
been revoked under section 8,
employ contract labour in the
establishment after the expiry of the period referred to in clause
(a) or after the revocation of registration referred to in clause
(b), as the case may be.
10. Prohibition
of employment of contract labour
(1)
Notwithstanding anything contained in this Act, the appropriate
government may, after consultation with the Central Board or, as the
case may be, a State Board, prohibit, by notification in the
Official Gazette, employment of contract labour in any process,
operation or other work in any establishment.
(2) Before
issuing any notification under sub-section (1) in relation to an
establishment, the appropriate government shall have regard to the
conditions of work and benefits provided for the contract labour in
that establishment and other relevant factors, such as-
(a) whether
the process, operation or other work is incidental to, or necessary
for the industry, trade, business, manufacture or occupation that is
carried on in the establishment;
(b) whether
it is of perennial nature, that is to say, it is of sufficient
duration having regard to the nature of industry, trade, business,
manufacture or occupation carried on in that establishment;
(c) whether
it is done ordinarily through regular workmen in that establishment
or an establishment similar thereto;
(d) whether
it is sufficient to employ considerable number of whole-time
workmen.
Explanation :
If a question arises whether any process
or operation or other work is of perennial nature, the decision of
the appropriate government thereon shall be final.
CHAPTER IV: LICENSING OF CONTRACTORS
11. Appointment
of licensing officers
The
appropriate government may, by an order notified in the Official
Gazette-
(a) appoint
such person, being Gazetted Officers of government, as it thinks fit
to be licensing officers for the purposes of this chapter; and
(b) define
the limits, within which a licensing officer shall exercise the
powers conferred on licensing officers by or under this Act.
12. Licensing of
contractors
(1) With
effect from such date as the appropriate government may,by
notification in the Official Gazette, appoint no contractor to whom
this Act applies, shall undertake or execute any work through
contract labour except under and in accordance with a licence issued
in that behalf by the licensing officer.
(2) Subject
to the provisions of this Act, a licence under sub-section (1) may
contain such conditions including, in particular, conditions as to
hours of work, fixation of wages and other essential amenities in
respect of contract labour as the appropriate government may deem
fit to impose in accordance with the rules, if any, made under
section 35 and shall be issued on payment of such fees and on the
deposit of such sum, if any, as security for the due performance of
the conditions as may be prescribed.
13. Grant of
licences
(1) Every
application for the grant of licence under sub-section (1) of
section 12 shall be made in the prescribed form and shall contain
the particulars regarding the location of the establishment, the
nature of process, operation or work for which contract labour is to
be employed and such other particulars as may be prescribed.
(2) The
licensing officer may make such investigation in respect of the
application received under sub-section (1) and in making any such
investigation the licensing officer shall follow such procedure as
may be prescribed.
(3) A licence
granted under this chapter shall be valid for the period specified
therein and may be renewed from time to time for such period and on
payment of such fees and on such conditions as may be
prescribed.
14. Revocation,
suspension and amendment of licences
(1) If the
licensing officer is satisfied, either on a reference made to him in
this behalf or otherwise, that-
(a) a licence
granted under section 12 has been obtained by misrepresentation or
suppression of any material fact, or
(b) the
holder of a licence has, without reasonable cause, failed to comply
with the conditions subject to which the licence has been granted or
has contravened any of the provisions of this Act or the rules made
thereunder,
then without
prejudice to any other penalty to which the holder of the licence
may be liable under this Act, the licensing officer may, after
giving the holder of the licence an opportunity of showing cause,
revoke or suspend the licence or forfeit the sum, if any, or any
portion thereof deposited as security for the due performance of the
conditions subject to which the licence has been granted.
(2) Subject
to any rules that may be made in this behalf, the licensing officer
may vary or amend a licence granted under section 12.
15.
Appeal
(1) Any
person aggrieved by an order made under section 7, section 8,
section 12 or section 14 may, within thirty days from the date on
which the order is communicated to him, prefer an appeal to an
appellate officer who shall be a person nominated in this behalf by
the appropriate government:
PROVIDED that
the appellate officer may entertain the appeal after the expiry of
the said period of thirty days, if he is satisfied that the
appellant was prevented by sufficient cause from filing the appeal
in time.
(2) On
receipt of an appeal under sub-section (1), the appellate officer
shall, after giving the appellant an opportunity of being heard
dispose of the appeal as expeditiously as possible.
CHAPTER V: WELFARE AND HEALTH OF CONTRACT
LABOUR
16.
Canteens
(1) The
appropriate government may make rules requiring that in every
establishment-
(a) to which
this Act applies,
(b) wherein
work requiring employment of contract labour is likely to continue
for such period as may be prescribed, and
(c) wherein
contract labour numbering one hundred or more is ordinarily employed
by a contractor,
one or more
canteens shall be provided and maintained by the contractor for the
use of such contract labour.
(2) Without
prejudice to the generality of the foregoing power, such rules, may
provide for-
(a) the date
by which the canteens shall be provided;
(b) the
number of canteens that shall be provided, and the standards in
respect of construction, accommodation, furniture and other
equipment of the canteens; and
(c) the
foodstuffs which may be served therein and the charges which may be
made therefor.
17.
Rest-rooms
(1) In every
place where in contract labour is required to halt at night in
connection within the work of an establishment-
(a) to which
this Act applies, and
(b) in which
work requiring employment of contract labour is likely to continue
for such period as may be prescribed,
there shall
be provided and maintained by the contractor for the use of the
contract labour such number of rest-rooms or such other suitable
alternative accommodation with such time as may be prescribed.
(2) The rest-rooms or the alternative
accommodation to be provided under subsection (1) shall be
sufficiently lighted and ventilated and shall be maintained in clean
and comfortable condition.
18. Other
facilities
It shall be
the duty of every contractor employing contract labour in connection
with the work of an establishment to which this Act applies, to
provide and maintain-
(a) a
sufficient supply of wholesome drinking-water for the contract
labour at convenient places;
(b) a sufficient number of latrines and
urinals of the prescribed types so situated as to be convenient and
accessible to the contract labour in the establishment; and
(c) washing
facilities.
19. First-aid
facilities
There shall be provided and maintained by
the contractor so as to be readily accessible during all working
hours a first-aid box equipped with the prescribed contents at every
place where contract labour is employed by him.
20. Liability of
principal employer in certain cases
(1) If any
amenity required to be provided under section 16, section 17,
section 18, or section 19 for the benefit of the contract labour
employed in an establishment is not provided by the contractor
within the time prescribed therefor, such amenity shall be provided
by the principal employer within such time as may be
prescribed.
(2) All
expenses incurred by the principal employer in providing the amenity
may be recovered by the principal employer from the contractor
either by deduction from any amount payable to the contractor under
any contract or as a debt payable by the contractor.
21.
Responsibility for payment of wages
(1) A
contractor shall be responsible for payment of wages to each worker
employed by him as contract labour and such wages shall be paid
before the expiry of such period as may be prescribed.
(2) Every
principal employer shall nominate a representative duly authorised
by him to be present at the time of disbursement of wages by the
contractor and it shall be the duty of such representative to
certify the amounts paid as wages in such manner as may be
prescribed.
(3) It shall
be the duty of the contractor or ensure the disbursement of wages in
the presence of the authorised representative of the principal
employer.
(4) In case
the contractor fails to make payment of wages within the prescribed
period or makes short payment, then the principal employer shall be
liable to make payment of wages in full or the unpaid balance due,
as the case may be, to the contract labour employed by the
contractor and recover the amount so paid from the contractor either
by deduction from any amount payable to the contractor under any
contract or as a debt payable by the contractor.
CHAPTER VI: PENALTIES AND PROCEDURE
22.
Obstructions
(1) Whoever
obstructs an inspector in the discharge of his duties under this Act
or refuses or wilfully neglects to afford the inspector any
reasonable facility for making any inspection, examination, inquiry
or investigation authorised by or under this Act in relation to an
establishment to which, or a contractor to whom, this Act applies,
shall be punishable with imprisonment for a term which may extend to
three months, or with fine which may extend to five hundred rupees,
or with both.
(2) Whoever
wilfully refuses to produce on the demand of an inspector any
register or other document kept in pursuance of this Act or prevents
or attempts to prevent or does anything which he has reason to
believe is likely to prevent any person from appearing before or
being examined by an inspector acting in pursuance of his duties
under this Act, shall be punishable with imprisonment for a term
which may extend to three months, or with a fine which may extend to
five hundred rupees, or with both.
23. Contravention of provisions regarding employment of
contract labour
Whoever contravenes any provision of this
Act or of any rules made thereunder prohibiting, restricting or
regulating the employment of contract labour, or contravenes any
condition of a licence granted under this Act, shall be punishable
with imprisonment for a term which may extend to three months, or
with fine which may extend to one thousand rupees, or with both, and
in the case of a continuing contravention with an additional fine
which may extend to one hundred rupees for every day during which
such contravention continues after conviction for the first such
contravention.
24. Other
offences
If any person contravenes any of the
provisions of this Act or of any rules made thereunder for which no
other penalty is elsewhere provided, he shall be punishable with
imprisonment for a term which may extend to three months, or with
fine which may extend to one thousand rupees, or with both.
25. Offences by
companies
(1) If the
person committing an offence under this Act is a company, the
company as well as every person in charge of, and responsible to,
the company for the conduct of its business at the time of
commission of the offence shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:
PROVIDED that
nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable
to any neglect on the part of any director, manager, managing agent
or any other officer of the company, such director, manager,
managing agent or such other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation :
For the purpose of this section-
(a) "company"
means any body corporate and includes a firm or other association of
individuals; and
(b)
"director", in relation to a firm, means a partner in the firm.
26. Cognizance
of offences
No court shall take cognizance of any
offence under this Act except on a complaint made by, or with the
previous sanction in writing of, the inspector and no court inferior
to that of a Presidency Magistrate or a Magistrate of the first
class shall try any offence punishable under this Act.
27. Limitation
of prosecutions
No court
shall take cognizance of an offence punishable under this Act unless
the complaint thereof is made within three months from the date on
which the alleged commission of the offence came to the knowledge of
an inspector:
PROVIDED that
where the offence consists of disobeying a written order made by an
inspector, complaint, thereof may be made within six months of the
date on which the offence is alleged to have been committed.
CHAPTER VII: MISCELLANEOUS
28. Inspecting
staff
(1) The
appropriate government may, by notification in the Official Gazette,
appoint such persons as it thinks fit to be inspectors for the
purposes of this Act, and define the local limits within which they
shall exercise their powers under this Act.
(2) Subject
to any rules made in this behalf, an inspector may, within the local
limits for which he is appointed-
(a) enter, at
all reasonable hours, with such assistance (if any), being persons
in the service of the government or any local or other public
authority as he thinks fit, any premises or place where contract
labour is employed, for the purpose of examining any register or
record or notice required to be kept or exhibited by or under this
Act or rules made thereunder, and require the production thereof for
inspection:
(b) examine
any person whom he finds in any such premises or place and who, he
has reasonable cause to believe, is a workman employed therein;
(c) require
any person giving out work and any workman, to give any information,
which is in his power to give with respect to the names and
addresses of the person to, for and from whom the work is given out
or received, and with respect to the payments to be made for the
work;
(d) seize or
take copies of such register, record of wages or notices or portions
thereof as he may consider relevant in respect of an offence under
this Act which he has reason to believe has been committed by the
principal employer or contractor; and
(e) exercise
such other powers as may be prescribed.
(3) Any
information required to produce any document or thing or to give any
information required by an inspector under sub-section (2) shall be
deemed to be legally bound to do so within the meaning of section
175 and section 176 of the Indian Penal Code, 1860 (45 of
1860).
(4) The
provisions of the Code of Criminal Procedure, 1898 (5 of 1898),
shall, so far as may be, apply to any search or seizure under
sub-section (2) as they apply to any search or seizure made under
the authority of a warrant issued under section 98 of the said
Code.2
29. Registers
and other records to be maintained
(1) Every
principal employer and every contractor shall maintain such register
and records giving such particulars of contract labour employed, the
nature of work performed by the contract labour, the rate of wages
paid to the contract labour and such other particulars in such form
as may be prescribed.
(2) Every principal employer and every
contractor shall keep exhibited in such manner as may be prescribed
within the premises of the establishment where the contract labour
is employed, notices in the prescribed form containing particulars
about the hours of work, nature of duty and such other information
as may be prescribed.
30. Effect of
laws and agreements inconsistent with this Act
(1) The
provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law or in the terms of
any agreement or contract of service, or in any standing orders
applicable to the establishment whether made before or after the
commencement of the Act:
PROVIDED that where under any such
agreement, contract of service or standing orders the contract
labour employed, in the establishment are entitled to benefits in
respect of any matter which are more favourable to them than those
to which they would be entitled under this Act, the contract labour
shall continue to be entitled to the more favourable benefits in
respect of that matter, notwithstanding that they received benefits
in respect of other matters under this Act.
(2) Nothing contained in this Act shall
be construed as precluding any such contract labour from entering
into an agreement with the principal employer or the contractor, as
the case may be, for granting them rights or privileges in respect
of any matter which are more favourable to them than those to which
they would be entitled under this Act.
31. Power to
exempt in special cases
The appropriate government may, in the
case of an emergency, direct, by notification in the Official
Gazette, that subject to such conditions and restrictions, if any,
and for such period or periods, as may be specified in the
notification, all or any of the provisions of this Act or the rules
made thereunder shall not apply to any establishment or class of
establishments or any class of contractors.
32. Protection
of action taken under this Act
(1) No suit,
prosecution or other legal proceedings shall lie against any
registering officer, licensing officer or any other government
servant or against any member of the Central Board or the State
Board, as the case may be, for anything which is in good faith done
or intended to be done in pursuance of this Act or any rule or order
made thereunder.
(2) No suit
or other legal proceeding shall lie against the government for any
damage caused or likely to be caused by anything which is in good
faith done or intended to be done in pursuance of this Act or any
rule or order made thereunder.
33. Power to
give directions
The Central Government may give
directions to the Government of any State as to the carrying into
execution in the State of the provisions contained in this Act.
34. Power to
remove difficulties
If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order
published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act, as appears to it to be
necessary or expedient for removing the difficulty.
35. Power to
make rules
(1) The
appropriate government may, subject to the condition of previous
publication, make rules for carrying out the purposes of this
Act.
(2) In
particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following
matters, namely-
(a) the
number of persons to be appointed members representing various
interests on the Central Board and the State Board, the term of
their office and other conditions of service, the procedure to be
followed in the discharge of their functions and the manner of
filling vacancies;
(b) the times
and places of the meetings of any committee constituted under that
Act, the procedure to be followed at such meeting including the
quorum necessary for the transaction of business, and the fees and
allowances that may be paid to the members of a committee;
(c) the
manner in which establishments may be registered under section 7,
the levy of a fee therefor and the form of certificate of
registration;
(d) the form
of application of the grant or renewal of a licence under section 13
and the particulars it may contains;
(e) the
manner in which an investigation is to be made in respect of an
application for the grant of a licence and the matters to be taken
into account in granting or refusing a licence;
(f) the form
of a licence which may be granted or renewed under section 12 and
the conditions subject to which the licence may be granted or
renewed, the fees to be levied for the grant or renewal of a licence
and the deposit of any sum as security for the performance of such
conditions:
(g) the
circumstances under which licences may be varied or amended under
section 14;
(h) the form
and manner in which appeals may be filed under section 15 and the
procedure to be followed by appellate officers in disposing of the
appeals;
(i) the time
within which facilities required by this Act to be provided and
maintained may be so provided by the contractor and in case of
default on the part of the contractor, by the principal
employer;
(j) the
number and types of canteens, rest-rooms, latrines and urinals that
should be provided and maintained;
(k) the type
of equipment that should be provided in the first-aid boxes;
(l) the
period within which wages payable to contract labour should be paid
by the contractor under sub-section (1) of section 21;
(m) the form
of registers and records to be maintained by principal employers and
contractors;
(n) the
submission of returns, forms in which, and the authorities to which,
such returns may be submitted;
(o) the
collection of any information or statistics in relation to contract
labour; and
(p) any other
matter which has to be, or may be, prescribed under this Act.
(3) Every
rule made by the Central Government under this Act shall be laid as
soon as may be after it is made, before each House of Parliament
while it is in session for a total period of thirty days which may
be comprised in one session or in two successive sessions, and if
before the expiry of the session in which it is so laid or the
session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
CONTRACT LABOUR (REGULATION AND
ABOLITION) CENTRAL RULES, 1971
[GSR 191, dated 1st. February, 1971]
In exercise of the powers
conferred by section 35 of the Contract Labour (Regulation and
Abolition)Act, 1970, the Central Government hereby makes the
following rules, the same having been previously published as
required by the said section, namely: -
CHAPTER I
1. Short title and commencement
(1) These rules may be called the
Contract Labour (Regulation and Abolition) Central Rules, 1971.
(2) They shall come into force on the
date of their publication in the Official Gazette.
2. Definitions
In these rules, unless the subject or
context otherwise requires:
(a) "Act"
means the Contract Labour (Regulation and Abolition) Act, 1970;
(b)
"Appellate Officer" means the Appellate Officer appointed by the
Central Government under sub-section (1) of section 15;
(c) "Board"
means the Central Advisory Contract Labour Board constituted under
section 3;
(d)
"Chairman" means the Chairman of the Board;
(e)
"Committee" means a Committee constituted under sub-section (1) of
section 5;
(f) "Form"
means a form appended to these rules;
(g) "Section"
means a section of the Act.
CHAPTER II: CENTRAL BOARD
3. The Board
shall consist of the following members
(a) a
Chairman to be appointed by the Central Government;
(b) the Chief
Labour Commissioner (Central)-ex officio;
(c)
1[three persons] representing the Central Government, to
be appointed by that government from amongst its officials;
(d)
2[two] persons representing the Railways, to be appointed
by Central Government after consultation with the Railway
Board;
(e)
3[five] persons, one representing the employers in coal
mines, 2[two] representing the employers in other mines
and two representing contractors to whom the Act applies, to be
appointed by the Central Government after consultation with such
organisation, if any, of the employers and the contractors as may be
recognised by the Central Government;
(f)
3[seven] persons,.3[two] representing the
employees in the Railways, one representing the employees in coal
mines, 3[two representing the employees in other mines,
and two representing the employees of the contractors to whom the
Act applies, to be appointed by the Central Government after
consultation with such organisation, if any, of employees
representing the respective interest as may be recognised by the
Central Government.
4. Terms of
office
(1) The
Chairman of the Board shall hold office as such for a period of
three years from the date on which his appointment is first notified
in the Official Gazette.
(2) Each of
the members of the Board, referred to in clauses (c) and (d) of Rule
3, shall hold office as such during the pleasure of the
President.
(3) Each of
the members referred to in clauses (e) and (f) of Rule 3 shall hold
office as such for a period of three years commencing from the date
on which his appointment is first notified in the Official
Gazette:
PROVIDED that
where the successor of any such member has not been notified in the
Official Gazette on or before the expiry of the said period of three
years, such members shall, notwithstanding the expiry of the period
of his office, continue to hold such office until the appointment of
his successor has been notified in the Official Gazette.
(4) If a
member is unable to attend a meeting of the Board, and Central
Government or the body which appointed or nominated him may, by
notice in writing signed on its behalf and by such member and
addressed to the Chairman of the said Board, nominate a substitute
in his place to attend the meeting and such a substitute member
shall have all the rights of a member in respect of that meeting and
any decision taken at the meeting shall be binding on the said
body.
4[5. Resignation
(1) A member
of the Board , not being an ex officio member ,may resign his office
by a letter in writing addressed to the Central Government.
(2) The
office of such a member shall fall vacant from the date on which his
resignation is accepted by the Central Government, or on the expiry
of thirty days from the date of receipt of the letter of resignation
by that Government whichever is earlier.]
6. Cessation of membership
If any member
of the Board, not being an ex officio member, fails to attend three
consecutive meetings of the Board, without obtaining the leave of
the Chairman for such absence, he shall cease to be a member of the
Board:
PROVIDED that
the Central Government may, if it is satisfied that such member was
prevented by sufficient cause from attending three consecutive
meetings of the Board, direct that such cessation shall not take
place and on such direction being made, such member shall continue
to be a member of the Board.
7.
Disqualification for membership
(1) A person
shall be disqualified for being reappointed, and for being a member
of the Board-
(i) if he is
of unsound mind and stands so declared by a competent court; or
(ii) if he is an undischarged insolvent;
or
(iii) if he has been or is convicted of
an offence which, in the opinion of the Central Government, involves
moral turpitude.
(2) If a
question arises as to whether a disqualification has been incurred
under sub-rule (1), the Central Government shall decide the
same.
8. Removal from
membership
The Central
Government may remove from office any member of the Board, if in its
opinion such a member has ceased to represent the interest which he
purports to represent on the Board:
PROVIDED that
no such member shall be removed unless a reasonable opportunity is
given to him of making any representation against the proposed
action.
9.
Vacancy
When a
vacancy occurs or is likely to occur in the membership of the Board
the Chairman shall submit a report to the Central Government and on
receipt of such report the Central Government shall take steps to
fill the vacancy by making an appointment from amongst the category
of persons to which the person vacating membership belonged and the
person so appointed shall hold office for the remainder of the term
of office of the member in whose place he is appointed.
10.
Staff
(1) (i) The
Central Government may appoint one of its officials as Secretary to
the Board and appoint such other staff as it may think necessary to
enable the Board to carry out its functions.
(ii) The salaries and allowances payable
to the staff and the other conditions of service of such staff shall
be such as may be decided by the Central Government.
The
Secretary-
(i) shall assist the Chairman in
convening meetings of the Board;
(ii) may attend the meetings but shall
not be entitled to vote at such meetings;
(iii) shall keep a record of the minutes
of such meetings; and
(iv) shall take necessary measures to
carry out the decisions taken at meetings of the Board.
11. Allowances of members
(1) The
travelling allowance of an official member shall be governed by the
rules applicable to him for journey performed by him on official
duties and shall be paid by the authority paying his salary.
(2) The
non-official members of the Board shall be paid travelling allowance
for attending the meeting of the Board at such rates as are
admissible to Grade I Officers of the Central Government and daily
allowances shall be calculated at the maximum rate admissible to
Grade I Officers of the Central Government in their respective
places.
12. Disposal of
business
Every
question which the Board is required to take into consideration
shall be considered at a meeting, or, if the Chairman so directs, by
sending the necessary papers to every member for opinion, and the
question shall be disposed of in accordance with the decision of the
majority:
PROVIDED that
in the case of quality of votes, the Chairman shall have a second or
a casting vote.
Explanation:
"Chairman" for the purposes of this rule
shall include the Chairman nominated under Rule 13 to preside over a
meeting.
13.
Meetings
(1) The Board
shall meet at such places and times as may be specified by the
Chairman.
(2) The
Chairman shall preside over every meeting of the Board at which he
is present and in his absence nominate a member of the Board to
preside over such meeting.
14. Notice of
meetings and list of business
(1)
Ordinarily seven days' notice shall be given to the members of a
proposed meeting.
(2) No
business which is not on the list of business for a meeting shall be
considered at the meeting without the permission of the
Chairman.
15.
Quorum
No business
shall be transacted at any meeting unless at least five members are
present:
PROVIDED that
if at any meeting less than five members are present, the Chairman
may adjourn the meeting to another date informing members present
and giving notice to the other members that he proposes to dispose
of the business at the adjourned meeting whether there is prescribed
quorum or not, and it shall thereupon be lawful for him to dispose
of the business at the adjourned meeting irrespective of the number
of member attending.
16. Committees
of the Board
(1)(i) The
Board may constitute such Committees and for such purpose or
purposes as it may think fit.
(ii) While
constituting the Committee the Board may nominate one of its members
to be the Chairman of the Committee.
4[(2)(i) The Committee
shall meet at such times and places as the Chairman of the said
Committee may decide.
(ii) The
provisions of Rules 12, 13(2), 14 and 15 shall apply to the
Committee for transaction of business at its meetings as they apply
to the Board, subject to the modification that the quorum specified
in Rule 15 shall be 'one-third of the members' instead of 'five
members'.]
(3) The
provisions of Rule 11 shall apply to the members of the Committee
for attending the meetings of the Committee, as they apply to the
members of the Board.
CHAPTER III : REGISTRATION AND LICENSING
17. Manner of making application for registration of
establishments
(1) The
application referred to in sub-section (1) of section 7 shall be
made in triplicate, in Form I to the registering officer of the area
in which the establishment sought to be registered is located.
(2) The
application referred to in sub-rule (l) shall be accompanied by a
5[demand draft] showing payment of the fees for the
registration of the establishment.
(3) Every
application referred to in sub-rule (1) shall be either personally
delivered to the registering officer or sent to him by registered
post.
(4) On
receipt of the application referred to in sub-rule (1), the
registering officer shall, after noting thereon the date of receipt
by him of the application, grant an acknowledgement to the
applicant.
18. Grant of
certificate of registration
(1) The
certificate of registration granted under sub-section (2) of section
7 shall be in Form II.
(2) Every
certificate of registration granted under sub-section (2) of section
7 shall contain the following particulars, namely-
(a) the name and address of the
establishment;
(b) the maximum number of workmen to be
employed as contract labour in the establishment;
(c) the type of business, trade,
industry, manufacture or occupation which is carried on in the
establishment;
(d) such other particulars as may be
relevant to the employment of contract labour in the
establishment.
(3) The
registering officer shall maintain a register in Form Ill showing
the particulars of establishments in relation to which certificates
of registration have been issued by him.
(4) If, in
relation to an establishment, there is any change, in the
particulars specified in the certificate of registration, the
principal employer of the establishment shall intimate to the
registering officer, within thirty days from the date when such
change takes place, the particulars of, and the reasons for, such
change.
19.
Circumstances in which application for registration may be
rejected
(1) If any
application for registration is not complete in all respects , the
registering officer shall require the principal employer to amend
the application so as to make it complete in all respects.
(2) If the
principal employer, on being required by the registering officer to
amend his application for registration, omits or fails to do so, the
registering officer shall reject the application for
registration.
20. Amendment of certificate of
registration
(1) Where on
receipt of the intimation under sub-rule(4) of Rule 18,the
registering officer is satisfied that an amount higher than the
amount which has been paid by the principal employer as fees for the
registration of the establishment is payable, he shall require such
principal employer to 5[pay] a sum which, together with
the amount already paid by such principal employer, would be equal
to such higher amount of fees payable for the registration of the
establishment and to produce the 5[demand draft] showing
such deposit.
(2) Where, on
receipt of the intimation referred to in sub-rule (4) of rule 18,
the registering officer is satisfied that there has occurred a
change in the particulars of the establishment, as entered in the
register in Form III, he shall amend the said register and record
therein the change which has occurred:
PROVIDED that
no such amendment shall affect anything done or any action taken or
any right, obligation or liability acquired or incurred before such
amendment:
PROVIDED
FURTHER that the registering officer shall not carry out any
amendment in the register in From Ill unless the appropriate fees
have been deposited by the principal employer.
21. Application
for a licence
(1) Every
application by a contractor for the grant of a licence shall be made
in triplicate, in Form IV, to the licensing officer of the area in
which the establishment, in relation to which he is the contractor,
is located.
(2) Every
application for the grant of a licence shall be accompanied by a
certificate by the principal employer in Form V to the effect that
the applicant has been employed by him as a contractor in relation
to his establishment and that he undertakes to be bound by all the
provisions of the Act and the rules made there under in so far as
the provisions are applicable to him as principal employer in
respect of the employment of contract labour by the applicant.
(3) Every
such application shall be either personally delivered to the
licensing officer or sent to him by registered post.
(4) On
receipt of the application referred to in sub-rule (1), the
licensing officer shall, after noting thereon the date of receipt of
the application, grant an acknowledgement to the applicant.
(5) Every
application referred to in sub-rule (1) shall also be accompanied by
a 5[demand draft] showing-
(i) the
deposit of the security at the rates specified in rule 24, and
(ii) the payment of the fees at the rates
specified in rule 26.
22. Matters to be taken into account in granting or
refusing a licence
In granting
or refusing to grant a licence, the licensing officer shall take the
following matters into account, namely-
(a) Whether
the applicant-
(i) is a minor, or
(ii) is of
unsound mind and stands so declared by a competent court, or
(iii) is an
undischarged insolvent, or
(iv) has been
convicted (at any time during a period of five years immediately
preceding the date of application) of an offence which, in the
opinion of the Central Government, involves moral turpitude;
(b) whether
there is an order of the appropriate government or an award of
settlement for the abolition of contract labour in respect of the
particular type of work in the establishment for which the applicant
is a contractor;
(c) whether
any order has been made in respect of the applicant under
sub-section (1) of section 14, and, if so, whether a period of three
years has elapsed from the date of that order;
(d) whether
the fees for the application have been deposited at the rates
specified in rule 26; and
(e) whether
security has been deposited by the applicant at the rate specified
in rule 24.
23. Refusal to
grant licence
4[(1) On receipt of the
application from the contractor, and as soon as possible thereafter,
the licensing officer shall investigate or cause investigation to be
made to satisfy himself about the correctness of the facts and
particulars furnished in such application and the eligibility of the
applicant for a licence.]
(2) (i) Where
the licensing officer is of opinion that the licence should not be
granted, he shall, after affording reasonable opportunity to the
applicant to be heard, make an order rejecting the application.
(ii) The
order shall record the reasons for the refusal and shall be
communicated to the applicant.
24.
Security
(1) Before a
licence is issued, an amount calculated at the rate of
6[Rs. 90] for each of the workman to be employed as
contract labour, in respect of which the application for licence has
been made, shall be deposited by the contractor for due performance
of the conditions of the licence and compliance with the provisions
of the Act or the rules made there under:
7[PROVIDED that where the
contractor is a Co-operative Society, the amount deposited as
security shall be at the rate of 6[Rs. 15] for each
workman to be employed as a contract labour.]
8[(1A) Where the applicant
for the licence was holding a licence in regard to another work and
that licence had expired, the licensing officer, if he is of the
view that any amount out of the security deposited in respect of
that licence is to be directed to be refunded to the applicant under
Rule 31, may, on an application made for that purpose in Form V-A by
the applicant adjust the amount so to be refunded towards the
security required to be deposited in respect of the application for
the new licence and the applicant need deposit, in such a case, only
the balance amount, if any, after making such adjustment.
(2)
9[The amount of security, or the balance amount, required
to be deposited under sub-rule (1) or, as the case may be, under
sub-rule (1-A)] shall be paid in the local Treasury under the Head
of Account "Section T-Deposits and Advances-Part II Deposits not
bearing interest-(c) Other Deposit Accounts-Departmental and
judicial Deposits-Civil Deposits; Deposits, under Contract Labour
(Regulation and Abolition) Act, 1970 (Central)".
25. Forms and
terms and conditions of licence
(1) Every
licence granted under sub-section (1) of section 12 shall be in Form
VI.
(2) Every
licence granted under sub-rule (1) or renewed under Rule 29 shall be
subject to the following conditions, namely-
(i) the
licence shall be non-transferable;
(ii) the
number of workmen employed as contract labour in the establishment
shall not, on any day, exceed the maximum number specified in the
licence;
(iii) save as
provided in these rules, the fees paid for the grant, or as the case
may be, for renewal of the licence shall be non-refundable;
(iv) the
rates of wages payable to the workmen by the contractor shall not be
less than the rates prescribed under the Minimum Wages Act, 1948 (11
of 1948), for such employment where applicable, and where the rates
have been fixed by agreement, settlement or award, not less than the
rates so fixed;
(v) (a) in
cases where the workmen employed by the contractor perform the same
or similar kind of work as the workmen directly employed by the
principal employer of the establishment, the wage rates, holidays,
hours of work and other conditions of service of the workmen of the
contractor shall be the same as applicable to the workmen directly
employed by the principal employer of the establishment on the same
or similar kind of work:
PROVIDED that
in the case of any disagreement with regard to the type of work the
same shall be decided by the Chief Labour Commissioner (Central)
10[* * *];
(b) in other
cases the wage rates, holidays, hours of work and conditions of
service of the workmen of the contractor shall be such as may be
specified in this behalf by the Chief Labour Commissioner
(Central);
Explanation:
While determining the wage rates,
holidays, hours of work and other conditions of service under (b)
above, the Chief Labour Commissioner shall have due regard to the
wage rates, holidays, hours of work and other conditions of service
obtaining in similar employments ;
(vi) (a) in
every establishment where twenty or more women are ordinarily
employed as contract labour, there shall be provided two rooms of
reasonable dimensions for the use of their children under the age of
six years;
(b) one of
such rooms shall be used as a play-room for the children and the
other as bedroom for the children;
(c) the
contractor shall supply adequate number of toys and games in the
play-room and sufficient number of cots and bedding in the
sleeping-room;
(d) the
standard of construction and maintenance of the creches shall be
such as may be specified in this behalf by the Chief Labour
Commissioner (Central);
(vii) the
licensee shall notify any change in the number of workmen or the
conditions of work to the licensing officer;
11[(viii) the licensee
shall, within fifteen days of the commencement and completion of
each contract work submit a return to the inspector, appointed under
section 28 of the Act, intimating the actual date of the
commencement or, as the case may be, completion of such contract
work in Form VI-A];
5[(ix) a copy of the
licence shall be displayed prominently at the premises where the
contract work is being carried on];
12[(x) no female contract
labour shall be employed by any contractor before 6.00 a.m. or after
7.00 P.M.:
PROVIDED that this clause shall not apply
to the employment of women in pithead baths, creches and canteens
and as to midwives and nurses in hospital and dispensaries.]
13[26. Fees
(1) The fees to be paid for the grant of
a certificate of registration under section 7 shall be as specified
below:
If the number of workmen proposed to be
employed on contract on any day-
(a)
is 20 |
Rs. 60 |
(b) exceeds 20
but does not exceed 50 |
Rs. 150 |
(c) exceeds 50
but does not exceed 100 |
Rs. 300 |
(d) exceeds 100
but does not exceed 200 |
Rs. 600 |
(e) exceeds 200
but does not exceed 400 |
Rs. 1200 |
(f) exceeds
400 |
Rs. 1500 |
(2) The fees to be paid for the grant of
a licence under section 12 shall be as specified below:
If the number of workmen employed by the
contractor on any day-
(a)
is 20 |
Rs. 15 |
(b) exceeds 20
but does not exceed 50 |
Rs. 37.50 |
(c) exceeds 50
but does not exceed 100 |
Rs. 75 |
(d) exceeds 100
but does not exceed 200 |
Rs. 150 |
(e) exceeds 200
but does not exceed 400 |
Rs. 300 |
(f) exceeds
400 |
Rs. 375.] |
27. Validity of the licence
Every licence granted under Rule 25 or
renewed under Rule 29 shall remain in force for twelve months from
the date it is granted or renewed.
28. Amendment of the licence
(1) A licence
issued under Rule 25 or renewed under Rule 29 may, for good and
sufficient reasons, be amended by the licensing officer.
(2) The
contractor who desires to have the licence amended shall submit to
the licensing officer an application stating the nature of the
amendment and reasons therefor.
(3)(i) If the
licensing officer allows the application he shall require the
applicant to furnish a 5[demand draft] for the amount, if
any, by which the fees that would have been payable if the licence
had been originally issued in the amended form exceeds the fees
originally paid for the licence.
(ii) On the applicant furnishing the
requisite 5[demand draft] the licence shall be amended
according to the order of the licensing officer.
(4) Where the
application for amendment is refused, the licensing officer shall
record the reasons for such refusal and communicate the same to the
applicant.
29. Renewal of
licence
(1) Every
contractor shall apply to the licensing officer for renewal of the
licence.
(2) Every
such application shall be in Form VII in triplicate and shall be
made not less than thirty days before the date on which the licence
expires, and if the application is so made, the licence shall be
deemed to have been renewed until such date when the renewed licence
is issued.
(3) The fees
chargeable for renewal of the licence shall be the same as for the
grant thereof:
PROVIDED that
if the application for renewal is not received within the time
specified in sub-rule (2), a fee of 25 per cent in excess of the fee
ordinarily payable for the licence shall be payable for such
renewal:
PROVIDED
FURTHER that in case where the licensing officer is satisfied that
the delay in submission of the application is due to unavoidable
circumstances beyond the control of the contractor, he may reduce or
remit as he thinks fit the payment of such excess fee.
30. Issue of
duplicate certificate of registration or licence
Where a
certificate of registration or a licence granted or renewed under
the preceding rules has been lost, defaced or accidentally
destroyed, a duplicate may be granted on payment of fees of rupees
five.
31. Refund of security
(1) (i) On
expiry of the period of licence the contractor may, if he does not
intend to have his licence renewed, make an application to the
licensing officer for the refund of the security deposited by him
under Rule 24.
(ii) If the
licensing officer is satisfied that there is no breach of the
conditions of licence or there is no order under section 14 for the
forfeiture of security or any portion thereof, he shall direct the
refund of the security to the applicant.
(2) If there
is any order directing the forfeiture of any portion of the
security, the amount to be forfeiteds hall be deducted from the
security deposit, and balance, if any, refunded to the
applicant.
(3) Any
application for refund shall, as far as possible, be disposed of
within 60 days of the receipt of the application.
32. Grant of
temporary certificate of registration and licence
(1) Where
conditions arise in an establishment requiring the employment of
contract labour immediately and such employment is estimated to last
for not more than fifteen days, the principal employer of the
establishment or the contractor, as the case may be, may apply for a
temporary certificate of registration or licence to the registering
officer, or the licensing officer, as the case may be, having
jurisdiction over the area in which the establishment is
situated.
(2) The
application for such temporary certificate of registration or
licence shall be made in triplicate in Forms VIII and X respectively
and shall be accompanied by a 5[demand draft drawn in
favour of the Pay and Accounts Officer, Office of the Chief Labour
Commissioner (Central), New Delhi] showing the payment of
appropriate fees and in the case of licence the appropriate amount
of security also.
(3) On
receipt of the application, complete in all respects, and on being
satisfied either on affidavit by the applicant or otherwise that the
work in respect of which the application has been made would be
finished in a period of fifteen days and was of a nature which could
not but be carried out immediately, the registering officer or the
licensing officer, as the case may be, shall forthwith grant a
certificate of registration in Form IX or a licence in Form XI, as
the case may be, for a period of not more than fifteen days.
(4) Where a
certificate of registration or licence is not granted , the reasons
therefor shall be recorded by the registering officer or the
licensing officer, as the case may be.
(5) On the
expiry of the validity of the registration certificate the
establishment shall cease to employ in the establishment contract
labour in respect of which the certificate was given.
(6) The fees
to be paid for the grant of the certificate of registration under
sub-rule (3) shall be as specified below:
If the number of workmen proposed to be
employed on the contract on any day-
Rs.
| |
(a) exceeds 20
but does not exceed 50 |
Rs. 30.00 |
(b) exceeds 50
but does not exceed 200 |
Rs. 60.00 |
(C) exceeds
200 |
Rs. 90.00 |
(7) The fees to be paid for the grant of
a licence under sub-rule (3) shall be as specified below:
If the number of workmen to be employed
by the contractor on any day-
Rs.
| |
(a) exceeds 20
but does not exceed 50 |
Rs. 15.00 |
(b) exceeds 50
but does not exceed 200 |
Rs. 60.00 |
(c) exceeds
200 |
Rs. 90.00 |
(8) The provisions of Rule 23 and Rule 24
shall apply to the refusal to grant licence or to grant licence
under sub-rule (4) and sub rule (3) respectively.
CHAPTER IV :
APPEALS AND PROCEDURE
33.
(1)(i) Every
appeal under sub-section (1) of section 15 shall be preferred in the
form of a memorandum signed by the appellant or his authorised agent
and presented to the Appellate Officer in person or sent to him by
registered Post.
(ii) The
memorandum shall be accompanied by a certified copy of the order
appealed from and a 5[demand draft] for Rs. 10.
(2) The
memorandum shall set forth concisely and under distinct heads the
grounds of appeal to the order appealed from.
34.
(1) Where the
memorandum of appeal does not comply with the provisions of sub-rule
(2) of Rule 33 it may be rejected or returned to the appellant for
the purpose of being amended within a time to be fixed by the
Appellate Officer.
(2) Where the Appellate Officer rejects
the memorandum under sub-rule (1) he shall record the reason for
such rejection and communicate the order to the appellant.
(3) Where the memorandum of appeal is in
order the Appellate Officer shall admit the appeal, endorse thereon
the date of presentation and shall register the appeal in a book to
be kept for the purpose called the Register of Appeals.
(4)(i) When
the appeal has been admitted, the Appellate Office shall send the
notice of the appeal to the registering officer or the licensing
officer, as the case may be, from whose order the appeal has been
preferred and the Registering Officer or the Licensing Officer shall
send the record of the case to the Appellate Officer.
(ii) On receipt of the record, the
Appellate Officer shall send a notice to the appellant to appear
before him at such date and time as may be specified in the notice
for the hearing of the appeal.
35. Failure to appear on date of
hearing
If on the date fixed for hearing, the
appellant does not appear, the Appellate Officer may dismiss the
appeal for default of appearance of the appellant.
36. Restoration of
appeals
(i) Where an
appeal has been dismissed under rule 35 the appellant may apply to
the Appellate Officer for the readmission of the appeal and where it
is proved that he was prevented by any sufficient cause from
appearing when the appeal was called on for hearing the Appellate
Officer shall restore the appeal on its original number.
(ii) Such an
application shall, unless the Appellate Officer extends the time for
sufficient reason, be made within 30 days of the date of
dismissal.
37. Hearing of appeal
(1) If the
appellant is present when the appeal is called on for the hearing,
the Appellate Officer shall proceed to hear the appellant or his
authorised agent and any other person summoned by him for this
purpose, and pronounce judgment on the appeal, either confirming,
reversing or varying the order appealed from.
(2) The
judgement of the Appellate Officer shall state the points for
determination, the decisions thereon and reasons for the
decisions.
(3) The order
shall be communicated to the appellant and copy thereof shall be
sent to the Registering Officer or the Licensing Officer from whose
order the appeal has been preferred.
5[38. Payment of Fees
(1) All
amounts of money payable on account of security deposit,
registration fees, licence fees, appeal, supply of duplicate copies
of registration certificates and in terms of any other provisions of
the Act and rules shall be paid through a crossed demand draft drawn
in favour of the officers as shown in Annexure 'A' and made payable
at branch of the Union Bank of India at the headquarters of the
officers specified in column (3) of the said Annexure. All such
demand drafts shall be accompanied by a challan in Form No. TR-6 (in
triplicate) indicating the details of payments, etc.
(2) The
licensing officer, the registering officer or the appellate
authority, as the case may be, on receipt of the demand draft from
the party shall arrange to deposit the amount in the appropriate
account in the Bank with which he, in his capacity as Regional
Labour Commissioner/Assistant Labour Commissioner (Central) as
Drawing and Disbursing Officer has an account. The Assistant Labour
Commissioner (Central), Delhi shall deposit the demand draft in the
Union Bank of India, Extension Centre, Shram Shakti Bhavan , Rafi
Marg, New Delhi in the Account of 'Pay and Accounts Officer' Chief
Labour Commissioner, New Delhi.
(3) The
payments received by the officers specified in the said annexure by
way of demand draft shall be deposited in the relevant heads of
accounts as shown below:-
Registration fees- "
087-Labour and Employment-Fees under Contract Labour (Regulation and
Abolition) Central Rules, 1971 (adjustable in the books of the Pay
and Accounts Officer, Chief Labour Commissioner), Ministry of
Labour, New Delhi."
Licensing fees-"087-Labour
and Employment-Fees under Contract Labour (Regulation and Abolition)
Central Rules, 1971 (adjustable in the books of the Pay and Accounts
Officer, Chief Labour Commissioner), Ministry of Labour, New
Delhi."
Security deposits-"Deposits
and Advance-Deposits not bearing interest 843- Civil Deposits under
Contract Labour (Regulation and Abolition) Act, 1970 (adjustable in
the books of the Pay and Accounts Officer, Chief Labour
Commissioner) Ministry of Labour, New Delhi."
Duplicate copy of the
registration certificates-"087-Labour and Employment Fee under
Contract Labour Appeals (Regulation and Abolition) Central Rules,
1971."]
39. Copies
Copy of the
order of the Registering Officer, Licensing Officer or the Appellate
Officer may be obtained on payment of fees of rupees two for each
order on application specifying the date and other particulars of
the order, made to the officer concerned.
CHAPTER V :
WELFARE AND HEALTH OF CONTRACT LABOUR
40.
(1) The
facilities required to be provided under sections 18 and 19 of the
Act, namely, sufficient supply of wholesome drinking water, a
sufficient number of latrines and urinals, washing facilities and
first-aid facilities, shall be provided by the contractor in the
case of the existing establishment within seven days of the
commencement of these rules and in the case of new establishment
within seven days of the commencement of the employment of contract
labour therein.
(2) If any of
the facilities mentioned in sub-rule (1) is not provided by the
contractor within the period prescribed the same shall be provided
by the principal employer within seven days of the expiry of the
period laid down in the said sub-rule.
41. Rest-rooms
(1) In every
place where in contract labour is required to halt at night in
connection with the working of the establishment to which the Act
applies and in which employment of contract labour is likely to
continue for three months or more the contractor shall provide and
maintain rest-rooms or other suitable alternative accommodation
within fifteen days of the coming into force of the rules in the
case of existing establishments, and within fifteen days of the
commencement of the employment of contract labour in new
establishments.
(2) If the
amenity referred to in sub-rule (1) is not provided by the
contractor within the period prescribed, the principal employer
shall provide the same within a period of fifteen days of the expiry
of the period laid down in the said sub-rule.
(3) Separate rooms shall be provided for
women employees.
(4) Effective and suitable provisions
shall be made in every room for securing and maintaining adequate
ventilation by the circulation of fresh air and there shall also be
provided and maintained sufficient and suitable natural or
artificial lighting.
(5) The
rest-room or rooms or other suitable alternative accommodation shall
be of such dimensions so as to provide at least a floor area of 1.1
sq. metre for each person making use of the rest-room.
(6) The
rest-room or rooms or other suitable alternative accommodation shall
be so constructed as to afford adequate protection against heat,
wind, rain and shall have smooth, hard and impervious floor
surface.
(7) The
rest-room or other suitable alternative accommodation shall be at a
convenient distance from the establishment and shall have adequate
supply of wholesome drinking water.
42. Canteens
(1) In every
establishment to which the Act applies and wherein work regarding
the employment of contract labour is likely to continue for six
months and wherein contract labour numbering one hundred or more are
ordinarily employed, an adequate canteen shall be provided by the
contractor for the use of such contract labour within sixty days of
the date of coming into force of the rules in the case of the
existing establishments and within 60 days of the commencement of
the employment of contract labour in the case of new
establishments.
(2) If the
contractor fails to provide the canteen within the time laid down
the same shall be provided by the principal employer within sixty
days of the expiry of the time allowed to the contractor.
(3) The
canteen shall be maintained by the contractor or principal employer,
as the case may be, in an efficient manner.
43.
(1) The canteen shall consist of at least
a dining-hall, kitchen, store-room, pantry and washing places
separately for workers and for utensils.
(2)(i) The canteen shall be sufficiently
lighted at all times when any person has access to it.
(ii) The
floor shall be made of smooth and impervious material and inside
walls shall be lime-washed or colour-washed at least once in each
year:
PROVIDED that the inside walls of the
kitchen shall be lime-washed every four months.
(3)(i) The
precincts of the canteen shall be maintained in a clean and sanitary
conditions.
(ii) Waste
water shall be carried away in suitable covered drains and shall not
be allowed to accumulate so as to cause a nuisance.
(iii)
Suitable arrangements shall be made for the collection and disposal
of garbage.
44. Dining-hall
(1) The
dining-hall shall accommodate at a time at least 30 percent of the
contract labour working at a time.
(2) The floor
area of the dining-hall, excluding the area occupied by the service
counter and any furniture except tables and chairs shall be not less
than one square metre per diner to be accommodated as prescribed in
sub-rule (1).
(3)(i) A
portion of the dining-hall and service counter shall be partitioned
off and reserved for women workers, in proportion to their
number.
(ii) Washing
places for women shall be separate and screened to secure
privacy.
(4)
Sufficient tables, stools, chairs or benches shall be available for
the number of diners to be accommodated as prescribed in sub-rule
(1).
45. Furniture and
utensils
(1)(i) There
shall be provided and maintained sufficient utensils, crockery,
cutlery, furniture and any other equipment necessary for the
efficient running of the canteen.
(ii) The
furniture, utensils and other equipment shall be maintained in a
clean and hygienic condition.
(2)(i)
Suitable clean clothes for the employees serving in the canteen
shall also be provided and maintained.
(ii) A
service counter, if provided, shall have top of smooth and
impervious material.
(iii)
Suitable facilities, including an adequate supply of hot water shall
be provided for the cleaning of utensils and equipment.
46.
The foodstuffs and other items to be
served in the canteen shall be in conformity with the normal habits
of the contract labour.
47. Charges of
Foodstuff
The charges for foodstuff, beverages and
any other items served in the canteen shall be based on 'no profit,
no loss' and shall be conspicuously displayed in the canteen.
48.
In arriving at the prices of foodstuffs
and other articles served in the canteen the following items shall
not be taken into consideration as expenditure, namely-
(a) the rent
for the land and building;
(b) the
depreciation and maintenance charges for the building and equipment
provided for in the canteen;
(c) the cost
of purchase, repairs and replacement of equipments including
furniture, crockery, cutlery and utensils;
(d) the water
charges and other charges incurred for lighting and
ventilation;
(e) the
interest on the amounts spent on the provision and maintenance of
furniture and equipment provided for in the canteen.
49. Books of Accounts
The books of
accounts and registers and other documents used in connection with
the running of the canteen shall be produced on demand to an
Inspector.
50. Audit
The accounts
pertaining to the canteen shall be audited once every 12 months by
registered accountant and auditors:
PROVIDED that
the Chief Labour Commissioner (Central) may approve of any other
person to audit the accounts, if he is satisfied that it is not
feasible to appoint a registered accountant and auditor in view of
the site or the location of the canteen.
51. Latrines and
urinals
Latrines
shall be provided in every establishment coming within the scope of
the Act on the following scale, namely:
(a) where
females are employed, there shall be at least one latrine for every
25 females;
(b) where
males are employed, there shall be at least one latrine for every 25
males;
PROVIDED that where the number of males
or females exceeds 100, it shall be sufficient if there is one
latrine for every 25 males or females, as the case may be, up to the
first 100, and one for every 50 thereafter.
52.
Every latrine shall be under cover and so
partitioned off as to secure privacy, and shall have a proper door
and fastenings.
53.
(1) Where workers of both sexes are
employed there shall be displayed outside each block of latrine and
urinal a notice in the language understood by the majority of the
workers "For Men Only" or "For Women Only", as the case may be.
(2) The notice shall also bear the figure
of a male or of a woman, as the case may be.
54.
There shall be at least one urinal for
male workers up to 50 and one for female workers up to 50 employed
at a time:
PROVIDED that where the number of male or
female workmen, as the case may be, exceeds 500 it shall be
sufficient if there is one urinal for every 50 males or females up
to the first 500 and one for every 100 or part thereof
thereafter.
55.
(1) The
latrines and urinals shall be conveniently situated and accessible
to workers at all times at the establishment.
(2)(i) The
latrines and urinals shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times.
(ii) Latrines
and urinals other than those connected with a flush sewage system
shall comply with the requirements of the public health
authorities.
56.
Water shall
be provided by the means of tap or otherwise so as to be
conveniently accessible in or near the latrine and urinals.
57. Washing
facilities
(1) In every
establishment coming within the scope of the Act adequate and
suitable facilities for washing shall be provided and maintained for
the use of contract labour employed therein.
(2) Separate
and adequate screening facilities shall be provided for the use of
male and female workers.
(3) Such
facilities shall be conveniently accessible and shall be kept in
clean and hygienic condition.
58. First-aid
facilities
In every
establishment coming within the scope of the Act there shall be
provided and maintained so as to be readily accessible during all
working hours first-aid boxes at the rate of not less than one box
for 150 contract labour or part thereof ordinarily employed.
59.
(1) The
first-aid box shall be distinctively marked with a red cross on a
white ground and shall contain the following equipment namely:
(a) For
establishments in which the number of contract labour employed does
not exceed fifty-
Each
First-Aid Box shall contain the following equipments-
(i) 6 small
sterilized dressings;
(ii) 3
medium-size sterilized dressings;
(iii) 3
large-size sterilized dressings;
(iv) 3 large
sterilized burn dressings;
(v) 1 (30 ml)
bottle containing a two per cent alcoholic solution of iodine;
(vi) 1 (30
ml) bottle containing salvolatile having the dose and mode of
administration indicated on the label;
(vii) 1
snake-bite lancet;
(viii) 1 (30
gms) bottle of potassium permanganate crystals;
(ix) 1 pair
scissors;
(x) 1 copy of
the First-Aid leaflet issued by the Director-General, Factory Advice
Service and Labour Institutes, Government of India;
(xi) a bottle
containing 100 tablets (each of 5 grains) of aspirin;
(xii)
ointment for burns;
(xiii) a
bottle of suitable surgical anti-septic solution.
(b) For
establishments in which the number of contract labour exceeds fifty-
Each
First-Aid Box shall contain the following equipment, -
(i) 12 small sterilized dressings;
(ii) 6 medium-size sterilized
dressings;
(iii) 6 large-size sterilized
dressings;
(iv) 6 large-size sterilized burn
dressings;
(v) 6 (15
gms) packets sterilized cotton wool;
(vi) 1 (60
ml) bottle containing a two per cent alcoholic solution of
iodine;
(vii) 1 (60
ml) bottle containing salvolatile having the dose and mode of
administration indicated on the label;
(viii) 1 roll
of adhesive plaster;
(ix) a
snake-bite lancet;
(x) 1 (30
gms) bottle of potassium permanganate crystals;
(xi) 1 pair
scissors;
(xii) 1 copy
of the First-Aid leaflet issued by the Director-General, Factory
Advice Service and Labour Institute, Government of India;
(xiii) a
bottle containing 100 tablets (each of 5 grains) of aspirin;
(xiv)
ointment for bums;
(xv) a bottle
of a suitable surgical anti-septic solution.
(2) Adequate
arrangement shall be made for immediate recoupment of the equipment
when necessary.
60.
Nothing
except the prescribed contents shall be kept in the First-Aid
Box.
61.
The First-Aid Box shall be kept in charge
of a responsible person who shall always be readily available during
the working hours of the establishment.
62.
A person in
charge of the First-Aid Box shall be a person trained in First-Aid
treatment, in establishments where the number of contract labour
employed is 150 or more.
CHAPTER VI : WAGES
63.
The contractor shall fix wage periods in
respect of which wages shall be payable.
64.
No wage period shall exceed one
month.
65.
The wages of every person employed as
contract labour in an establishment or by a contractor where less
than one thousand such persons are employed shall be paid before the
expiry of the seventh day and in other cases before the expiry of
tenth day after last day of the wage period in respect of which the
wages are payable.
66.
Where the employment of any worker is
terminated by or on behalf of the contractor the wages earned by him
shall be paid before the expiry of the second working day from the
day on which his employment is terminated.
67.
All payments of wages shall be made on a
working day at the work premises and during the working time and on
a date notified in advance and in case the work is completed before
the expiry of the wage period, final payment shall be made within 48
hours of the last working day.
68.
Wages due to every Worker shall be paid
to him direct or to other person authorised by him in this behalf.
69.
All wages shall be paid in current coin
or currency or in both.
70.
Wages shall be paid without any
deductions of any kind except those specified by the Central
Government by general or special order in this behalf or permissible
under the Payment of Wages Act, 1936 (4 of 1936).
71.
A notice showing the wage period and the
place and time of disbursement of wages shall be displayed at the
place of work and a copy sent by the contractor to the principal
employer under acknowledgement.
72.
The principal employer shall ensure the
presence of his authorised representative at the place and time of
disbursement of wages by the contractor to workmen and it shall be
the duty of the contractor to ensure the disbursement of wages in
the presence of such authorised representative.
73.
The authorised representative of the
principal employer shall record under his signature a certificate at
the end of the entries in the Register of Wages or the
9[Register of Wage-cum-Muster Roll ], as the case may be,
in the following form:
"Certified that the amount shown in
column No............ has been paid to the workman concerned in my
presence
on...................................................................
at…………………………………".
CHAPTER VII : REGISTERS AND RECORDS AND COLLECTIONS OF
STATISTICS
74. Register of
contractors
Every principal employer shall maintain
in respect of each registered establishment a register of
contractors in Form XII.
75. Register of persons
employed
Every contractor shall maintain in
respect of each registered establishment where he employs contract
labour a register in Form XIII.
76. Employment card
(i) Every contractor shall issue an
employment card in Form XIV to each worker within three days of the
employment of the worker.
(ii) The card shall be maintained
up-to-date and any change in the particulars shall be entered
therein.
77. Service
certificate
On termination of employment for any
reason whatsoever the contractor shall issue to the workman whose
services have been terminated a service certificate in Form XV.
78. Muster Roll, Wages Registers,
Deduction Register and Overtime Register
14[(1)(a) Every contractor
shall in respect of each work on which he engages contract
labour-
(i) maintain a Muster Roll and a Register
of Wages in Form XVI and Form XVII respectively:
PROVIDED that a combined Register of
Wage-cum-Muster Roll in Form XVIII shall be maintained by the
contractor where the wage period is a fortnight or less;
(ii) maintain a Register of Deductions
for damage or loss ,Register of Fines and Register of Advances in
Form XX, Form XXI and Form XXII respectively;
(iii) maintain a Register of Overtime in
Form XXIIII recording therein the number of hours of , and wages
paid for, overtime works, if any.
(b) Every contractor shall, where the
wage period is one week or more, issue wage slips in Form XIX, to
the workman at least a day prior to the disbursement of wages.
(c) Every contractor shall obtain the
signature or thumb-impression of the worker concerned against the
entries relating to him on the Register of Wages or Muster
Roll-cum-Wages Register, as the case may be, and the entries shall
be authenticated by the initials of the contractor or his authorised
representative and shall also be duly certified by the authorised
representative of the principal employer in the manner provided in
Rule 73.
(d) In respect of establishments which
are governed by the Payment of Wages Act, 1936 (4 of 1936) and the
rules made thereunder, or Minimum Wages Act, 1948 (11 of 1948) or
the rules made thereunder, the following registers and records
required to be maintained by a contractor as employer under those
Acts and the rules made thereunder shall be deemed to be registers
and records to be maintained by the contractor under these rules,
namely:-
(a) Muster Roll;
(b) Register of Wages;
(c) Register of Deductions;
(d) Register of Overtime;
(e) Register of Fines;
(f) Register of Advances;
(g) Wage slip.]
(2) Notwithstanding anything contained in
these rules, where a combined or alternative form is sought to be
used by the contractor to avoid duplication of work for compliance
with the provisions of any other Act or the rules framed thereunder
or any other laws or regulations or in cases where mechanised
payrolls are introduced for better administration, alternative
suitable form or forms in lieu of any of the forms prescribed under
these rules, may be used with the previous approval of the
15[Regional Labour Commissioner (Central).]
79.
Every contractor shall display an
abstract of the Act and rules in English and Hindi and in the
language spoken by the majority of workers in such form as may be
approved by the Chief Labour Commissioner (Central).
80.
(1) All
registers and other records required to be maintained under the Act
and rules, shall be maintained complete and up-to-date, and, unless
otherwise provided for, shall be kept at an office or the nearest
convenient building within the precincts of the work place or at a
place within a radius of three kilometres.
5[(2) Such registers shall be
maintained legibly in English and Hindi or in the language
understood by the majority of the persons employed in the
establishment.]
(3) All
the registers and other records shall be preserved in original for a
period of three calendar years from the date of last entry
therein.
(4) All
the registers, records and notices maintained under the Act, or
rules shall be produced on demand before the Inspector or any other
authority under the Act or any person authorised in that behalf by
the Central Government.
(5) Where
no deduction or fine has been imposed or no overtime has been worked
during any wage period , a 'nil' entry shall be made across the body
of the register at the end of the wage period indicating also in
precise terms the wage period to which the 'nil' entry relates, in
the respective registers maintained in Forms XX, XXI and XXIII
respectively.
81.
(1)(i)
Notices showing the rates of wages, hours of work, wage periods,
dates of payment of wages, names and addresses of the Inspectors
having jurisdiction, and date of payment of unpaid wages, shall be
displayed in English and Hindi and in the local language understood
by the majority of the workers in conspicuous places at the
establishment and the work-site by the principal employer or the
contractor, as the case may be.
(ii) The
notices shall be correctly maintained in a clean and legible
condition.
(2) A copy of the notice shall be sent to the Inspector and
whenever any changes occur the same shall be communicated to him
forthwith.
11[(3) Every principal employer
shall, within fifteen days of the commencement or completion of each
contract work under each contractor, submit a return to the
inspector, appointed under section 28 of the Act, intimating the
actual dates of the commencement or, as the case may be, completion
of such contract work, in Form VI-B.]
82.
Returns
(1) Every contractor shall send half-yearly return in Form
XXIV (in duplicate) so as to reach the Licensing Officer concerned
not later than 30 days from the close of the half year.
(2) Every principal employer of a registered establishment
shall send annually a return in Form XXV (in duplicate) so as to
reach the Registering Officer concerned not later than the 15th
February following the end of the year to which it relates.
16[(3) The returns to be submitted
under this rule by contractor/or principal employer shall be
correct, complete and up-to-date in all respects];
83.
(1) The
Board ,Committee ,Chief Labour Commissioner (Central) or the
Inspector or any other authority under the Act shall have the powers
to call for any information or statistics in relation to contract
labour from any contractor or principal employer at any time by an
order in writing.
(2) Any
person called upon to furnish the information under sub-rule (1)
shall be legally bound to do so.
FORM
I : APPLICATION FOR REGISTRATION OF ESTABLISHMENTS EMPLOYING
CONTRACT LABOUR
[Rule
17(1)]
1. Name and location of the establishment.
2. Postal address of the establishment.
3. Full name and address of the Principal Employer (furnish
father's name in the case of individual).
4. Full name and address of the manager or person responsible
for the supervision and control of the establishment.
5. Nature of work carried on in the establishment.
6. Particulars of contractors and contract labour:
(a) Names
and addresses of contractors.
(b)
Nature of work in which contract labour is employed or is to be
employed.
(c)
Maximum number of contract labour to be employed on any day through
each contractor.
11[(cc) Estimated date of
commencement of each contract work under each contractor.]
(d)
Estimated date of termination of employment of contract labour under
each contractor.
11[7. Particulars of demand draft
enclosed (Name of the Union Bank, amount, demand draft No. and
date)].
I hereby
declare that the particulars given above are true to the best of my
knowledge and belief. Principal Employer
Seal and
Stamp
Office of the
Registering officer.
Date of receipt of application.
FORM
II : CERTIFICATE OF REGISTRATION
[Rule
18(1)]
No. Date…………..
Government of India
Officer
of the Registering Officer
1. Nature of work carried on in the establishment.
2. Names and addresses of Contractors.
3. Nature of work in which contract labour is employed or is
to be employed.
4. Maximum number of contract labour to be employed on any
day through each contractor.
5. Other particulars relevant to the employment of contract
labour
Signature
of Registering
Officer
with Seal
FORM
III : REGISTER OF ESTABLISHMENTS
[Rule
18(3)]
Sl. No.
|
Registration no. and
date |
Name and address of the
establishment registered |
Name of the Principal
Employer and his address |
Type of business, trade,
industry, manufacture or occupation, which is carried on in
the establishment |
Total No. of workmen
directly employed |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Particulars of contractor and contract labour
Name and address of
contractor |
Nature of work in which
contract labour is employed or is to be
employed |
Maximum No. of contract
labour to be employed on any day |
Probable duration of
employment of contract labour |
Remarks |
7 |
8 |
9 |
10 |
11 |
|
|
|
|
|
FORM
IV : APPLICATION FOR LICENCE
[Rule 21
(l)]
1 . Name
and address of the contractor (including his father's name in case
of individuals).
2. Date
of birth and age (in case of individuals).
3. Particulars of Establishment where contract labour is to
be employed-
(a) Name
and address of the establishment.
(b) Type
of business, trade, industry, manufacture or occupation, which is
carried on in the establishment.
(c)
Number and date of certificate of registration of the establishment
under the Act.
(d) Name
and address of the Principal Employer.
4.
Particulars of contract labour-
(a)
Nature of work in which contract labour is employed or is to be
employed in the establishment.
(b)
Duration of the proposed contract work (give particulars of proposed
date of commencing and ending).
(c) Name
and address of the Agent or Manager of Contractor at the
work-site.
(d)
Maximum number of contract labour proposed to be employed in the
establishment on any date.
5.
Whether the contractor was convicted of any offence within the
preceding five years. If so, give details.
6.
Whether there was any order against the contractor revoking or
suspending licence or forfeiting security deposits in respect of an
earlier contract. If so, the date of such order.
7.
Whether the contractor has worked in any other establishment within
the past five years. If so, give details of the Principal Employer,
establishments, and nature of work.
8.
Whether a certificate by the Principle Employer in Form V is
enclosed.
5[9. Amount of licence fee-name of
the Union Bank, demand draft No. and date.]
10.
Amount of security deposit-name of the Union Bank, demand draft No.
and date.
Note: The
application shall be accompanied by demand draft and the challan for
the appropriate amount and a certificate in Form V from the
principal employer............ date of the receipt of the
application with 'demand draft' and the challan for fees/security
deposit.]
DECLARATION
I hereby declare that the details given above are correct to
the best of my knowledge and belief.
Signature
of the Applicant
(Contractor)
Place: ........................
Date : ........................
Note: The
application should be accompanied by a Treasury Receipt for the
appropriate amount and a certificate in Form V from the Principal
Employer.
(To be filled in the office of the Licensing Officer)
Date of receipt of the application with challan for
fees/security deposit.
Signature
of the Licensing Officer
FORM
V : FORM OF CERTIFICATE BY PRINCIPAL EMPLOYER
[Rule
21(2)]
Certified
that I have engaged the applicant (name of the contractor) as a
contractor in my establishment. I undertake to be bound by all the
provisions of the Contract Labour (Regulation and Abolition) Act,
1970, and the Contract Labour (Regulation and Abolition) Central
Rules, 1971, insofar as the provisions are applicable to me in
respect of the employment of Contract Labour by the applicant in my
establishment.
Place: ......................... Signature of Principal
Employer
Name and address of Establishment Date..............
8[FORM
V-A : APPLICATION FOR ADJUSTMENT OF SECURITY DEPOSIT
[Rule
24(1A)]
Name and address of the
contractor |
No. and date of
licence |
Date of expiry of previous
licence |
Whether the licence of the
contractor was suspended or revoked |
(1) |
(2) |
(3) |
(4) |
|
|
|
|
5 [No. and
date of the demand draft of the security deposit in respect of
the previous licence ] |
Amount of previous security
deposit |
5 [No. and date of the demand
draft of the balance of security deposit , if any, required on
the fresh contract] |
(5) |
(6) |
(7) |
|
|
|
No. and date of
certificate of registration of the establishment in relation
to which the new licence is applied for
|
Name and address of the
principal employer |
Particulars of fresh
contract |
Remarks |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
Place:
Date: Signature of the Applicant
FORM
VI : GOVERNMENT OF INDIA OFFICE OF LICENSING OFFICER
[Rule
25(1)]
Licence No………………. Dated………… Fee paid Rs ………………..
Licence
1. Licence is hereby granted to..... under section 12(1) of
the Contract Labour (Regulation and Abolition) Act, 1970, subject to
the conditions specified in Annexure.
9[2. This licence is for doing the
work of (nature of work to be indicated) in the establishment of
-(name of principal employer to be indicated) at-(place of work to
be indicated).
3. The licence shall remain in force till-(date to be
indicate).
Date..................... Signature and Seal of Licensing
Officer
RENEWAL
[Rule
29]
Date of
renewal |
Fee paid
for renewal |
Date of
expiry |
1. |
|
|
2. |
|
|
3. |
|
|
Date………….
Signature and Seal of the Licensing Officer
ANNEXURE
The licence is subject to the following conditions-
(1) The
licence shall be non-transferable.
(2) The
number of workmen employed as contract labour in the establishment
shall not, on any day, exceed............................
(3)
Except as provided in the rules the fees paid for the grant, or as
the case may be, for renewal of the licence shall be
non-refundable.
(4) The
rates of wages payable to the workmen by the contractor shall not be
less than the rates prescribed for the Schedule of employment under
the Minimum Wages Act, 1948, where applicable, and where the rates
have been fixed by agreement, settlement or award, not less than the
rates fixed.
(5) In
cases where the workmen employed by the contractor perform the same
or similar kind of work as the workmen directly employed by the
principal employer of the establishment, the wage rates, holidays,
hours of work and other conditions of service of the workmen of the
contractor shall be the same as applicable to the workmen directly
employed by the principal employer of the establishment on the same
or similar kind of work; provided that in the case of any
disagreement with regard to the type of work the same shall be
decided by the Chief Labour Commissioner (Central), whose decision
shall be final.
(6) In
other cases the wage rates, holidays, hours of work and conditions
of service of the workmen of the contractor shall be such as may be
specified in this behalf by the Chief Labour Commissioner
(Central).
(7) In
every establishment where 20 or more women are ordinarily employed
as contract labour there shall be provided two rooms of reasonable
dimensions for the use of their children under the age of six years.
One of such rooms would be used as a play-room for the children and
the other as bedroom for the children. For this purpose the
contractor shall supply adequate number of toys and games in the
play-room and sufficient number of cots and bedding in the sleeping
room. The standard of construction and maintenance of the creches
may be such as may be specified in this behalf by the Chief Labour
Commissioner (Central).
(8) The
license shall notify any change in the number of workmen or the
conditions of work to the Licensing Officer.
8[(9) A copy of the licence shall
be displayed prominently at the premises where the contract work is
being carried on.]
16[(10) The licensee shall, within
fifteen days of the commencement and completing of each contract
work submit a return to the Inspector appointed under section 28 of
the Act intimating the actual date of the commencement or, as the
case may be, completion of such contract work in Form VI-A.]
17[FORM
VI-A] : NOTICE OF COMMENCEMENT / COMPLETION OF CONTRACT
WORK
[Rule
25(2)(viii)]
I / We,
Shri / M/s. (Name and address of the contractor) hereby intimate
that the contract work (Name of work)………………………….. in establishment
of the …………………. (Name and address of principal employer)………………………..
for which licence No ………………………….. dated …………………..has been issued to
me /us by the Licensing Officer (name of the headquarters), has been
commenced/ completed with effect from (date)/on (date).
Signature
of Contractor(s)
To
The
Inspector,
..........................
FORM
VI-B : NOTICE OF COMMENCEMENT/COMPLETION OF CONTRACT
WORK
[Rule 81
(3)]
(1) Name of the principal employer and address..........
(2) No. and date of certificate of
Registration..............
(3) I / We hereby intimate that the contract work (Name of
work)given to (name and address of the contractor) having licence No
……………, dated ……………….has been commenced / completed with effect from
(date) / on (date).
Signature
of the Principal Employer
To
The
Inspector,
........................
FORM
VII : APPLICATION FOR RENEWAL OF LICENCE
[Rule
29(2)]
1. Name and address of the contractor.
2. Number and date of the licence.
3. Date of expiry of the previous licence.
4. Whether the licence of the contractor was suspended or
revoked.
5[5. Name of the Bank, number and
date of the demand draft enclosed. Date of receipt of the
application with demand draft number and date.]
Place.................
Date...................
Signature
of the Applicant
(To be
filled in the Office of the Licensing Officer)
Date of receipt of the application with
Treasury Receipt No. and date.
Signature
of the Licensing Officer
FORM
VIII : APPLICATION FOR TEMPORARY REGISTRATION OF ESTABLISHMENTS
EMPLOYING CONTRACT LABOUR
[Rule
32(2)]
1. Name
and location of the establishment.
2. Postal
address of the establishment.
3. Full
name and address of the Principal Employer (furnish father's name in
the case of individuals).
4. Full
name and address of the Manager or person responsible for the
supervision and control of the establishment.
5. Nature
of work carried on in the establishment.
6.
Particulars of contract labour:
(A)
Nature of work in which contract labour is to be employed and
reasons for urgency.
(B)
Maximum number of contract labour to be employed on any day.
(C)
Estimated date of termination of employment of contract labour.
5[7. Particulars of demand draft
enclosed (named of the Union Bank, demand draft No. and date).]
I hereby declare that the particulars given above are true to
the best of my knowledge and belief.
Principal
Employer
Seal and Stamp Office of the Registering Officer
Time and date of receipt of application with
Treasury Receipt 18[* * *]
FORM
IX : TEMPORARY CERTIFICATE OF REGISTRATION
[Rule
32(3)]
No. Date of Expiry….
Date
Government of India
Office of
the 19[Registering Officer]
A Temporary Certificate of Registration containing the
following particulars is hereby granted under sub-section (2) of
section 7 of the Contract Labour (Regulation and Abolition) Act,
1970, and the rules made thereunder, to ………………….. valid from
…………………………………. to ………………………………………
1. Nature of work carried on in the establishment.
2. Nature of work in which contract labour is to be
employed.
3. Maximum number of contract labour to be employed on any
day.
4. Other particulars relevant to the employment of contract
labour.
Signature
of Registering Officer with Seal
FORM
X : APPLICATION FOR TEMPORARY LICENCE
[Rule 32
(2)]
1 . Name
and address of the contractor (including his father's name in case
of individuals).
2. Date
of birth and age (in case of individuals).
3. Particulars of establishment where contract labour is to
be employed-
(a) Name
and address of the establishment.
(b) Type
of business, trade, industry, manufacture or occupation, which is
carried on in the establishment.
(c) Name
and address of the principal employer.
4.
Particulars of contract labour-
(a)
Nature of work in which contract labour is to be employed in the
establishment.
(b)
Duration of the proposed contract work (give particulars of proposed
date of commencing and ending).
(c) Name
and address of the Agent or Manager of Contractor at the
work-site.
(d)
Maximum number of contract labour proposed to be employed in the
establishment on any day.
5. Whether the contractor was convicted of any offence within
the preceding five years. If so, give details.
6.
Whether there was any order against the contractor revoking or
suspending licence or forfeiting security deposit in respect of an
earlier contract. If so, the date of the such order.
7.
Whether the contractor has worked in any other establishment within
the past five years. If so, give details of the principal employer,
establishment and nature of work.
8.
5[Amount of licence fee paid – name of the Union Bank,
demand draft No .and date. ]
9.
5[Amount of security deposit-name of the Union Bank,
demand draft No. and date. Date of the receipt of the application
with demand draft for fees / security deposits.]
I hereby
declare that the particulars given above are true to the best of my
knowledge and belief.
Place
Signature of the Applicant
Date
(Contractor)
(To be
filled in the Office of the Licensing Officer)
Date of
receipt of the application with challan for fees …………………..Security
deposit ………………………….
Signature
of the Licensing Officer
FORM
XI : OFFICE OF THE LICENSING OFFICER
Government
of India
[Rule
32(3)]
Licence No ………………. Dated ....................... Fee paid Rs
…………
Signature
of the Licensing Officer
Temporary Licence Expires on………….
Licence
is hereby granted to ………………………..under section 12(2) of the Contract
Labour (Regulation and Abolition) Act, 1970, subject to the
conditions specified in Annexure.
The
Licence shall remain in force till …………………….
Date
……………………….
Signature
and Seal of the Licensing Officer
ANNEXURE
The
licence is subject to the following conditions:-
(1) The
licence shall be non-transferable.
(2) The
number of workmen employed as contract labour in the establishment
shall not, on any day, exceed...................
(3)
Except as provided in the rules the fees paid for the grant of the
licence shall be non-refundable.
(4) The
rate of wages payable to the workmen by the contractor shall not be
less than the rates prescribed for the Schedule of employment under
the Minimum Wages Act, 1948, where applicable, and where the rates
have been fixed by agreement, settlement or award, not less than the
rates fixed.
(5) In cases where the workmen employed by the contractor
perform the same or similar kind of work as the workmen directly
employed by the principal employer of the establishment the wage
rates, holidays, hours of work and other conditions of service of
the workmen of the contractor shall be the same as applicable to the
workmen directly employed by the principal employer of the
establishment on the same or similar kind of work:
PROVIDED that in the case of any disagreement with regard to
the type of work the same shall be decided by the Chief Labour
Commissioner (Central), whose decision shall be final.
(6) In other cases the wage rates, holidays, hours of work
and conditions of service of the workmen of the contractor shall be
such as may be specified in this behalf by the Chief Labour
Commissioner (Central).
8[(7) A copy of the licence shall
be displayed prominently at the premises where the contract work is
being carried on.]
FORM
XII : REGISTER OF CONTRACTORS
[Rule
74]
1. Name and address of the principal employer ………………..
2. Name and address of the establishment ……………………..
Sl. No. |
Name and address of
contractor |
Nature of work on
contract |
Location of contract work
|
Period of
contract |
Maximum No. of workmen
employed by contractor | |
|
|
|
|
From |
To |
|
|
|
|
|
|
|
|
Place ...................
Date ....................
Signature
of the Licensing Officer
FORM
XIII : REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR
[Rule
75]
Name and address of
contractor ________ _________________________________
|
Name and address of establishment in/under which
contract is carried on. ________________________________
________________________________
|
Nature and location of work___________
________________________________ |
Name and address of Principal _________ Employer
_________________________ |
Sl. No.
|
Name and surname of
workman |
Age and
Sex |
Father’s/ Husband’s name
|
Nature of Employment/
Designation |
Permanent Home Address of
workman (Village and Tahsil / Taluk and District)
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Local Address |
Date of commencement of
employment |
Signature or thumb-
impression of workman |
Date of termination of
employment |
Reasons for
termination |
Remarks |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
|
|
|
FORM
XIV : EMPLOYMENT CARD
[Rule
76]
Name and address of
contractor ___________________
_____________________________________________ |
Name and address of
establishment in / under which contract is carried on
_____________________ |
Nature of work and location of work ________________
____________________________________________ |
Name and address of
Principal Employer ___________
____________________________________________ |
1.Name of the workman ________________________ |
____________________________________________ |
2.Sl. No. in the register of workmen employed
_____________________________________ |
___________________________________________
_____________________________________________ |
3.Nature of employment/Designation ____________ |
___________________________________________ |
4.Wage rate(with particulars of unit , in case of
piece- work)_________________________________ |
____________________________________________ |
5.Wage period ______________________________ |
____________________________________________ |
6.Tenure of employment _______________________
|
___________________________________________ |
7.Remarks
___________________________________ |
____________________________________________ |
Signature
of Contractor
FORM
XV : SERVICE CERTIFICATE
[Rule
77]
Name and address of
_________________________ contractor |
Name and address of
establishment of in/under which contract is carried on
______________ ______________ |
Name and location of work
_______________________ |
|
Name and address of the
_________________________ workman
_________________________ |
Name and address of
principal employer_____ |
Age or Date of
Birth_____________________________ |
|
Identification
marks______________________________ |
|
Father’s /Husband’s name
________________________ |
|
Sl. No.
|
Total
period for which employed |
Nature of work
done |
Rate of wages(with
particulars of unit in case of piece-work) |
Remarks | |
|
From |
To |
|
|
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Signature
of contractor
FORM
XVI : MUSTER ROLL
[Rule
78(1)(a)(i)]
Name and address of
contractor _________________________________________ |
Name and address of establishment in /under which
contract is carried on_____________________________ |
Nature and location of work __________________ |
Name and address of Principal
Employer_______________________ |
|
For
the month of _______________
______________________________ |
Sl. No. |
Name of
workman |
Father’s / Husband’s name
|
Sex |
Date |
Remarks |
|
|
|
|
|
|
FORM
XVII : REGISTER OF WAGES
[Rule
78(1)(a)(i)]
Name and address of
contractor _____________ |
Name and address of establishment in /under which
contract is carried on ____________________________ |
Nature and location of work _________________ |
Name and address of Principal employer
_____________________________________ Wage period : Monthly
____________ |
Sl. No. |
Name of
workman |
Serial No. in the register
of workman |
Designation / nature of
work done |
No. of days
worked |
Units of work
done |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Daily-rate of
wages/piece-rate |
Amount of
wages earned | ||||
Basic wages
|
Dearness allowances
|
Overtime |
Other cash payments (Nature
of payment to be indicated) |
Total | |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
|
|
|
Deductions, if any
(indicate nature) |
Net amount paid
|
Signature /Thumb impression
of workman |
Initial of contractor or
his representative |
13 |
14 |
15 |
16 |
|
|
|
|
FORM
XVIII : FORM REGISTER OF WAGES - CUM- MUSTER ROLL
[Rule 78
(1(a)(i)]
Name and address of
contractor __________________________________ |
Name and address of establishment in/ under which
contract is carried on ______________________ |
Name and address of Principal employer
______________________________________ | |
Wages period : Weekly/ Fortnightly
______________________________________ | |
Nature and location of work ________________ |
From _______________ to ________________ |
Sl. No. |
Sl. No. in
register of workman |
Name of
employee |
Designation / nature of
work |
Daily attendance units
worked |
Total
attendance/units of work done |
12. 15 | |||||
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Daily–rate of
wages/piece–rate |
Amount of
wages earned | ||||
Basic
wages |
Dearness
allowance |
Overtime |
Other cash payments (Nature
of payments to be indicated) |
Total | |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
|
|
|
Deduction, if any,
(indicate nature) |
Net amount
paid |
Signature/Thumb- impression
of workman |
Initials of contractor or
his representative |
13 |
14 |
15 |
16 |
|
|
|
|
FORM
XIX : WAGE SLIP
[Rule
78(1(a)(i)]
Name and address of
contractor ______________
_______________________________________ |
Name and Father’s /Husband’s Name of the workman
_______________________ _________________________________ |
Nature and location of work _________________
_______________________________________
_______________________________________ |
For
the Week / Fortnight /Month ending
_________________________________
_________________________________ |
1.
No. of days worked |
_________________________________ |
2.
No. of units worked in case of piece – rate
|
_________________________________ |
3.
Rate of daily wages / piece –rate |
_________________________________ |
4.
Amounts of overtime wages |
_________________________________ |
5.
Gross wages payable |
_________________________________ |
6.
Deductions , if any |
_________________________________ |
7.
Net amount of wages paid |
_________________________________ |
Initials
of the contractor or his
representative
FORM
XX : REGISTER OF DEDUCTIONS FOR DAMAGE OR LOSS
[Rule
78(1)(B)]
Name and address of
contractor
_______________________________________________ |
Name and address of establishment in / under which
contract is carried on _______________________________ |
Nature and location of work
_______________________________________________ |
Name and address of Principal employer
_______________________________ |
|
|
Sl. No.
|
Name of workman
|
Father’s / husband’s name
|
Designation/ nature of
employment |
Particulars of damage or
loss |
Date of damage or
loss |
Whether workman showed
cause against deduction |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
Name of person in whose
presence employee’s explanation was heard
|
Amount of
deduction imposed |
No. of
instalments |
Date of
recovery |
Remarks | |
First
instalment |
Last
instalment | ||||
8 |
9 |
10 |
11 |
12 |
13 |
|
|
|
|
|
|
FORM
XXI : REGISTER OF FINES
[Rule
78(1)(a)(ii)]
Name and address of
contractor _________ ___________________________________
|
Name and address of establishment in / under which
contract is carried on
___________________________________ |
Nature and location of work ______________ |
Name and address of Principal employer
___________________________________ |
Sl. No.
|
Name of workman
|
Father’s / Husband’s Name
|
Designation / Nature of
employment |
Act / Omission for which
fine imposed |
Date of
offence |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Whether workman showed
cause against fine |
Name of person in whose
presence employee ‘s explanation was heard |
Wage periods and wages
payable |
Amount of fine
imposed |
Date on which fine
realised |
Remarks |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
|
|
|
FORM
XXII : REGISTER OF ADVANCES
[Rule
78(1)(a)(ii)]
Name and address of
contractor ___________
____________________________________ |
Name and address of establishment in / under which
contract is carried on _____________________________
|
Nature and location of work ______________
____________________________________ |
Name and address of principal employer
_____________________ |
Sl. No.
|
Name |
Father’s/Husband’s name
|
Nature of
employment/Designation |
Wage period and wages
payable |
Date and amount of advance
given |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Purpose(s) for which
advance made |
No. of instalments by which
advance to be repaid |
Date and amount of each
instalment repaid |
Date on which last
instalment was repaid |
Remarks |
7 |
8 |
9 |
10 |
11 |
|
|
|
|
|
FORM
XXIII : REGISTER OF OVERTIME
[Rule
78(1)(a)(iii)]
Name and address of
contractor _________ __________________________________ |
Name and address of establishment in/under which
contract is carried on ___________________________
|
Nature and location of work ____________
__________________________________ |
Name and address of principal employer
___________________ |
Sl. No.
|
Name of
workman |
Father’s/Husband’s
Name |
Sex |
Designation/nature of
employment |
Date on which overtime
worked |
1 |
2 |
3 |
4 |
5 |
6 |
|
|
|
|
|
|
Total overtime worked
or production in case of piece- rated |
Normal rates
workman |
Overtime rate of wages
|
Overtime earnings
|
Date on which overtime
wages paid |
Remarks |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
|
|
|
|
FORM
XXIV : RETURN TO BE SENT BY THE CONTRACTOR TO THE LICENSING
OFFICER
[Rule
82(1)]
Half-Year-Ending _________________________
1. Name and address of the contractor
2. Name and address of the establishment
3. Name
and address of the principal employer
4.
Duration of contract : From ____________
to
_________________________________
5. No. of
days during the half-year on which-
(a) the
establishment of the principal employer had worked;
(b) the contractor's establishment had worked;
6.
Maximum number of contract labour employed on any day during the
half year:
Men Women Children Total
7. (i)
Daily hours of work and spread over-
(ii)(a)
Whether weekly holiday observed and on what day-
(b) if
so, whether it was paid for-
(iii) No. of man-hours of overtime worked-
8. Number of man-days worked by-
Men Women Children Total
9. Amount of wages paid-
Men Women Children Total
10. Amount of deductions from wages, if any -
Men Women Children Total
11. Whether the following have been provided-
(i)
Canteen
(ii)Rest-rooms
(iii)Drinking-water
(iv) Creches
(v) First-aid
( If the
answer is 'yes' state briefly standards provided)
Place ____________________ Signature of Contractor
Date _____________________
FORM
XXV : ANNUAL RETURN OF PRINCIPAL EMPLOYER TO BE SENT TO THE
REGISTERING OFFICER
[Rule 82
(2)]
Year
ending 31st December, 19 ___________________
1. Full name and address of the principal employer.
2. Name of establishment:
(a) District
(b) Postal address
(c) Nature of operation/industry/work carried on.
3. Full
name of the Manager or person responsible for supervision and
control of the establishment.
4. Number
of contractors who worked in the establishment during the year (give
details in Annexure).
5. Nature
of work/ operations on which contract labour was employed.
6. Total
number of days during the year on which contract labour was
employed.
7. Total
number of man-days worked by contract labour during the year.
8.
Maximum number of workmen employed directly on any day during the
year.
9. Total
number of days during the year on which direct labour was
employed.
10. Total
number of man-days worked by directly-employed workmen.
11.
Change, if any, in the management of the establishment, its
location, or any other particulars furnished to the Registering
Officer in the application for registration indicating also the
dates.
Place............. Principal Employer
Date...............
ANNEXURE
TO FORM
Name and address of the
contractor |
Period of contract |
Nature of work |
Maximum number of workers employed by each
contractor |
No.
of days worked |
No.
of man- days worked | |
From |
To | |||||
1 |
2 |
3 |
4 |
5 |
6 | |
|
|
|
|
|
| |
16[ANNEXURE
'A' ]
[Rule
38(1)]
Sl. No. |
Officers |
Head quarters of the officers |
1.
ALC (C) |
Delhi |
Delhi |
2.
RLC(C) |
Ajmer |
Ajmer |
3.
ALC(C) |
Ajmer |
Ajmer |
4.
ALC(C) |
Adipur |
Adipur |
5.
RLC(C) |
Asansol |
Asansol |
6.
ALC(C) |
Asansol |
Asansol |
7.
RLC(C) |
Bombay |
Bombay |
8.
ALC(C) |
Bombay |
Bombay |
9.
ALC(C) |
Nagpur |
Nagpur |
10.
ALC(C) |
Vacso – Da – Gama |
Vasco – Da - Gama |
11.
RLC(C) |
Calcutta |
Calcutta |
12.
ALC(C) |
Calcutta |
Calcutta |
13.
RLC(C) |
Gauhati |
Gauhati |
14.
RLC(C) |
Dhanbad |
Dhanbad |
15.
ALC(C) |
Dhanbad |
Dhanbad |
16.
ALC(C) |
Chaibasa |
Chaibasa |
17.
ALC(C) |
Hazaribagh |
Hazaribagh |
18.
RLC(C) |
Hyderabad |
Hyderabad |
19.
ALC(C) |
Hyderabad |
Hyderabad |
20.
ALC(C) |
Vijayawada |
Vijayawada |
21.
ALC(C) |
Visakhapatnam |
Visakhapatnam |
22.
RLC(C) |
Jabalpur |
Jabalpur |
23.
ALC(C) |
Jabalpur |
Jabalpur |
24.
ALC(C) |
Raipur |
Raipur |
25.
ALC(C) |
Shahdol |
Shahdol |
26.
RLC(C) |
Kanpur |
Kanpur |
27.
ALC(C) |
Kanpur |
Kanpur |
28.
RLC(C) |
Chandigarh |
Chandigarh |
29.
RLC(C) |
Bhubaneshwar |
Bhubaneshwar |
30.
ALC(C) |
Bhubaneshwar |
Bhubaneshwar |
31.
RLC(C) |
Madras |
Madras |
32.
ALC(C) |
Madras |
Madras |
33.
ALC(C) |
Ernakulam |
Ernakulam |
34.
RLC(C) |
Banglore |
Banglore |
35.
ALC(C) |
Bellary |
Bellary |
36.
ALC(C) |
Dehradun |
Dehradun |
37.
ALC(C) |
Rohtak |
Rohtak |
38.
ALC(C) |
Jagdalpur |
Jagdalpur |
39.
ALC(C) |
Jaipur |
Jaipur |
40.
ALC(C) |
Kolar Gold Fields |
Kolar Gold Fields
|
CONTRACT
LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 1971: CONSTRUCTION
AND MAINTENANCE OF CRECHES
[Notification
No. S.O. 143 dated 8th. September, 1972 published on 13th. January,
1973]
In exercise
of the powers conferred by clause (vi)(d) of sub-rule (2) of Rule 25
of the Contract Labour (Regulation and Abolition) Central Rules,
1971, the Chief Labour Commissioner (Central) New Delhi hereby
specifies the standard of construction and maintenance of the
Creches as under:-
1. Locations
A Creche
should be located within 50 metres of every establishment where 20
or more women are ordinarily employed as contract labour. While the
Creche should be conveniently accessible to the mothers of the
children accommodated therein, it should not be situated in close
proximity to establishment where obnoxious fumes, dust or odours are
given off or in which excessively noisy processes are carried on.
2. Building
(i) The
Creche building should be constructed of heat-resisting materials
and should be rain-proof.
(ii) While in
towns it may be built of brick wall with cement or lime plaster, in
rural areas it may be built of mud walls with mud plaster. In either
case, the flooring and the walls up to a height of 3ft should have
cement surface.
(iii) The
height of the rooms should be not less than 10ft from the floor to
the lowest part of the roof.
(iv) The
rooms should be provided with necessary doors and windows for
securing and maintaining adequate light and ventilation by free flow
of air.
(v) The
building should be periodically inspected in order to see that it is
safe and is being maintained under sanitary conditions.
(vi) The Creche will be kept open at all
times both by day and night, when women employees are working.
3. Accommodation
(i)
Accommodation in the Creche should be on a scale of at least 20 sq.
ft of floor area per child.
(ii) There
should be a shady open air playground suitably fenced for older
children.
4. Amenities
(i) Cool and
wholesome drinking water should be available for the children and
the staff of the Creche. Children below 2 years of age should be fed
with at least 1/2 pint of pure milk per child per day. Children
above 2 years of age should be given wholesome refreshments.
(ii)
Convenient and suitable arrangements should be made for the working
mothers to feed their children below 2 years of age during the
intervals.
(iii) There
shall be a kitchen attached to the Creche with utensils and other
facilities for boiling milk and preparing refreshments, etc.
(iv) The
children as well as the staff of the Creche should be provided with
suitable uniforms for wear at the Creche.
(v) There
should be a suitable bathroom adjoining the Creche for the washing
of the children and for changing their clothes. Wash-basins or
similar vessels should also be provided at the rate of one for every
four children. There should be arrangements for supply of water at
the rate of 5 gallons per child per day. Adequate supply of clean
towels and soap should be available at the Creche.
(vi)
Adjoining the bathroom there shall be a latrine for the exclusive
use of the Children in the Creche. The number of seats in the
latrine shall be at the rate of one for every 15 children. Separate
latrines should be maintained for the use of mothers and Creche
staff at a distance of not less than 50 ft from the Creche.
5. Equipment
The Creche
should have the following equipment at the rate of one for each
child-
(i) Cradles or cots.
(ii) Beds or mattresses.
(iii) Cotton sheets.
(iv) Rubber sheets (for children below 3
years).
(v) Blankets.
(vi) Pillow with covers.
6. Staff
Every Creche should be in the charge of a
woman with midwifery qualification or training as Creche attendant.
Where the number of children exceeds ten, the Creche attendant
should be assisted by female ayahs at the rate of one ayah-
(a) for every 5 children up to one
year;
(b) for every 10 children up to three
years; and
(c) for every 15 children of over 3 years
of age)
The ayahs should not be less than 30
years of age and should have knowledge and training in the handling
of children.
7. Working hours
The working hours of the Creches should
correspond to the working hours of the mothers. It may have to work
in two shifts if the women are employed in two or more shifts,
spread over a period exceeding 8 hours a day. Where the Creche works
in shifts, different staff should be employed to work in the two
shifts.
8. Medical attention
(i) The Creche should have first-aid
equipment kept in proper condition.
(ii) Every child should be medically
examined before admission. There should be medical check-up of the
children once a month and their weight recorded once a month.
(iii) A record of the periodical medical
check-up and weighment should be entered in the record of medical
examination of each child kept at the Creche.
9. Maintenance of
records
The Creche should maintain the following
records up-to-date:-
(i) Records of Medical Examination of
children, in Form "A"
(ii) Attendance Register of children, in
Form "B".
10. Inspection of
Creche
A Creche may be inspected at any time by
an Inspector under the Act or any other officer authorised by the
Central Government for the purpose.
FORM 'A': FORM
FOR RECORDING THE RESULT OF MEDICAL EXAMINATION OF CHILDREN
ATTENDING CRECHES
Date, Month and Year of Examination……………………
Sl.
No. |
Name of
Child |
Age (date of
birth, if available) |
Mother’s name
and occupation |
Weight of
child on the date of last examination |
Weight on the
date of examination |
Disease or
abnormality found, if any |
Treatment
suggested, if any |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
|
|
|
|
|
|
|
( Signature of the qualified medical practitioner
)
FORM 'B': FORM FOR
RECORDING PARTICULARS OF CHILDREN ATTENDING THE CRECHES
Name of Establishment................................ Month
and Year.............
Sl.
No. |
Date of
admission |
Name of child
with mother’s full name and occupation |
Sex |
Age |
Date of
months (attendance marked each day) |
Remarks |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|