Contract
Labour (Regulation & Abolition) Act, 1970
CHAPTER
I: PRELIMINARY
CHAPTER
II: THE ADVISORY BOARDS
CHAPTER
III: REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR
CHAPTER
IV: LICENSING OF CONTRACTORS
CHAPTER
V: WELFARE AND HEALTH OF CONTRACT LABOUR
CHAPTER
VI: PENALTIES AND PROCEDURE
CHAPTER
VII: MISCELLANEOUS
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,-
1[(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.
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.
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.
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.
Foot
Notes
1
Substituted by Act No. 14 of 1986, with effect from 28th. January, 1986.
2
Now see Section 94 of the Criminal Procedure Code, 1973.