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CONTRACT LABOUR RULES
New
Delhi, Dated: Feb 1, 1971
G.S.R.
190- In exercise of the powers conferred by sub-section (3) of Section
1 of the Contract Labour (Regulation & Abolition) Act, 1970, (Act 37 of
1970) the Central Government hereby appoints the 10th of Feb. 1971, as the date
from which all the provisions of the said Act shall come into force.
(No.M.18011
(2)/71-LW.I/Con.II)
G.S.R.
191- In exercise of the powers
conferred by section 35 of the Contract Labour
(Regulation & 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
RULES
Short title
and commencement
1) These rules may
be called the Contract Labour (Regulation & Abolition) Central Rules, 1971.
2) They shall come into force on the date of their publication in the Official
Gazette.
Definitions
In these rules,
unless the subject or context otherwise requires, —
(a) “Act”
means the Contract Labour (Regulation & 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 Section5;
(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) One person representing the Central Government, to be appointed by that
Government from amongst its officials;
(d) [two] persons representing the Railways, to be appointed by Central Government
after consultation with the Railway Board;
(e)
[five] persons, one representing the employers in coal mines, [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
organizations, if any, of the employers and the contractors as may be recognized
by the Central Government;
(f)
[seven] persons, [two] representing the employees in the Railways one representing,
the employees in coal mines, two representing the employees in other mines,
and two representing the employees of contractors to whom the Act applies, to
be appointed by the Central Government after consultation with such organization,
if any, of employees representing the respective interest as may be recognized
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, the 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.
5. REGISTRATION
(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 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.
(2) 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 the meetings
of the Board.
11. ALLOWANCES OF MEMBERS
1) The traveling 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 traveling 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 equality of votes, the chairman shall have as 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 that 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 members 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.
(2) i)The Committee shall meet as 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 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 (1) shall be accompanied by a [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 III 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 maybe 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 [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 [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 Form III 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 licencing 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 lience 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 thereunder
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 demand draft snowing-
(i) the deposit of the security at the rates specified fin 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 that in the opinion of the
Central Government, involves moral turpitude;
(b) Whether there is an order of the appropriate Government, or an award or
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 rates specified
in rule 24.
23. Refusal to grant licence
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 Rs.90 for each
of the workmen 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 thereunder.
Provided that where the contractor is a co-operative society, the amount deposited
as security shall be at the rate of [Rs. 15] for each other of the workmen to
be employed as a contract labour.
(IA)
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 VA 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)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 (1A)] shall be paid in the local teasury
under the Head of Account “Section T-Deposits & Advances-PartII Deposits
bearing interest-(c) Other Deposit Accounts- Departmental and Judicial Deposits-Civil
Deposits-Deposits, under Contract Labour (Regulation & 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 and 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 establishments, 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);
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) on of such rooms shall be used as a play room for the children and the other
as bed room for the children,
(c) the contractor shall supply adequate number of toys’ and games in
the playroom and sufficient number of cots and beddings in the sleeping room,
(d) the standard of construction and maintenance of the crèches shall
be such as may be specified in this behalf by the Chief Labour Commissioner(C);
(vii)
the licencee shall notify any change in the number of workmen or the conditions
of work to the licensing officer;
(viii)
the licencee 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 VIA;
(ix)
a copy of the licence shall be displayed prominently at the premises where the
contract work is being carried on;
(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 so to mid-wives and nurses
in hospitals and dispensaries.
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 days-
| a)
is 20 |
Rs.60 |
(b)
exceed 20 but does not exceed
50 |
Rs.150 |
(c)
exceed 50 but does not exceed
100 |
Rs.300 |
(d)
exceed 100 but does not exceed
200 |
Rs.600 |
| (e)
exceed 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.15.00 |
(b)
exceed 20 but does not exceed
50 |
Rs.37.50 |
(c)
exceed 50 but does not exceed
100 |
Rs.75.00 |
(d)
exceed 100 but does not exceed
200 |
Rs.150 |
(e)
exceed 200 but does not exceed
400 |
Rs.300.00 |
| (f)
exceed 400 |
Rs.375.00 |
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
therefore.
(3) (i)If the licensing officer allows the application he shall require the
applicant to furnish a [demand draft] for the amounts 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 [demand draft] the licence shall
be amended according to the orders 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 then 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 she 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 forfeited shall 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 establishments 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 of the contractors,
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 din which the establishment is situated.
(2) The application for such temporary certificate of registration or licence
shall be made sin triplicate in Form, VIII and X respectively and shall be accompanied
by a [demand draft drawn in favour of the Pay & Account 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 therefore
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-
| (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 -
| (a) |
exceeds d20
but does not exceed 50 |
Rs.15.00 |
| (b) |
exceeds 50
but does not exceed 200 |
Rs.60.00 |
| (c) |
exceeds 200
|
Rs.30.00 |
(8)
The provision of rule 23 and rule 24 shall apply to the refusal to grants licence
or to grant licence under sub-rule (4) and sub-rule (3), respectively.
CHAPTER IV
APPEALS AND PROCEDURES
33.
(1)(i) Every appeal under sub-section (1) of Section 15 shall be preferred in
the form of a Memorandum signed by the applicant or his authorized agent and
presented to the Appellate Officer in person or sent to him by registered post.
(ii)
The memorandum shall be accompanied bys a certified copy of the order appealed
from and a [demand draft] for rupees 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 appellant for the purpose of
being amended within a time to be fixed bys 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 Registrar of Appeals.
(4)(i) When the appeal has been admitted, the Appellate Officer shall sent the
notice of the appeal to the Registering Officer of 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. 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.
(i) Where an appeal has been dismissed under rule 35 the appellant may apply
to the Appellate Officer for the re-admission of the appeal, and where it is
proved that he was prevented bys 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(1)
If the appellant is present when the appeal is called on for the hearings, the
Appellate Officer shall proceed to hear the appellant or by authorized agents
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 judgment of the Appellate Officer shall state the points for determination,
the decision thereon and the reasons for the decisions.
(3)
The order shall be communicated to the appellant and copy thereof shall be sent
to the Registering Officer of the Licensing Officer in whose order the appeal
has been referred.
38.Payment of Fees-
(1)
All amounts of money payable on account of security deposit registration fees,
licence fee, 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), Delhi shall deposit the demand draft in the Union Bank of India,
Extension Centre, Shram Shakti Bhawan, 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 drafts shall be deposited in the relevant heads of accounts as shown
below:-
Registration fees-“ 087-Labour and Employment- Fees under Contract Labour
(Regulation & Abolition) Central Rules, 1971 (adjustable in the books of
the Pay and Account Officer, (Chief Labour Commissioner), Ministry of Labour,
New Delhi”
Licensing fees-“087-Labour Employment-Fees under the Contract Labour (Regulation
& 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 & 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 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 establishments within
seven days of the commencement these rules and in the case of new establishments
within seven days of the commencement of the employment of contract labour therein.
(2)
If any of the facility 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 downs in the said sub-rule.
41.
Rest rooms- (1) In every place wherein 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 3 months
or more the contractor shall provide sand 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 establishment.
(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 provision shall be made in every room for securing and
maintaing adequate ventilation bys 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 a to provide at least a floor area of 1.1 sq. meter 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 and 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 timer 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, storeroom,
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 condition.
(ii)
Wastewater 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.
(1) the dining shall accommodate at a time at least 30 per cent of the contract
labour working at a time.
(2)The
floor area of the dining hall, excluding the area occupied bys the service counter
and any furniture except tables and chairs shall be not less than one square
meter 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 dinners to be accommodated as prescribed in sub-rule (1)
45.(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 foodstuff and other items to be served in the canteen shall be in conformity
with the normal habits of the contract labour.
47. The charges for foodstuffs, 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 provide for in the canteen.
49.
The books of accounts and registers and other documents used in connection with
the running of the canteens shall be produced on demand to an Inspector.
50. The accounts pertaining to the canteens shall be audited once every 12 months
by registered accountants 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 male:
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, upto 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 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 man or a woman, as the case may be.
54.
There shall be at least one urinal for male workers unto 50 and one for female
workers up to fifty 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) 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 equipment:-
(i) 6 shall sterilized dressings.
(ii) 3 medium size sterilized dressings.
(iii) 3 large size sterilized dressings.
(iv) 3 large size sterilized burn dressings.
(v) 1 (30 ml.) bottle containing a two per cent, alcoholic solution of iodine.
(vi) 1(30 ml.) bottle containing solvolatile having the does 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 sand Labour Institutes, Government of India.
(xi) A bottle containing 100 tablets (each of 5 grins) of aspirin.
(xii) Ointment for burns.
(xiii) A bottle of suitable surgical anti-septic solution.
B.
For establishments in which the numbers of contract labour exceed fifty- Each
first-aid box shall contain the following equipment:-
(i) 12 small sterilized dressing.
(ii) 6 medium size sterilized dressing.
(iii) 6 large size sterilized dressing.
(iv) 6 large size sterilized burns dressing.
(v) 6 (15 gms) packets sterilized cotton wool.
(vi) 1 (60 ml.) bottle containing two percent alcoholic solution iodine.
(vii) 1(60 ml.) bottle containing solvolatile having the does and mode of administration
indicated on the label.
(viii) 1 roll of adhesive plaster.
(ix) A snakebite lancet.
(x) 1 (30 grms.) bottle of potassium permanganate crystals.
(xi) 1 pair scissors.
(xii) 1 copy of the first-aid leaflet issued bys the Director General Factory
Advice Service and Labour Institutes, Government of India.
(xiii) A bottle containing 100 tablets (each of 5 grains.) of aspirin.
(xiv) Ointment for burns.
(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 the 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 authorized
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 authorized 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 authorized representative
73.
The authorized 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 Register of Wages-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 FAND RECORDS AND COLLECTION OF STATISTICS
74.
Register of contractors.-Every principal employer shall maintain in
respect of each registered establishment a register of contractor 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.Master Roll, Wages Registers, Deduction Register and Overtime Register.-
(1)(a) Every Contractor shall in respect of each work on which he engages contractor
labour,- (i) Maintain a Muster Roll and a Register of Wages in FormXVI and Form
XVII
respectively:
Provided that a combined Register of Wages-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 XXIII recording therein the number of
hours of, and wages paid for, overtime work, if any;
(b)
Every contractor shall, where the wage period is one week or more, issue wage
slips in Form XIX, to the workmen 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 maybe, and the entries shall be authenticated
by the initials of the contractor or his authorized representatives and shall
also be duly certified by the authorized 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 there under, or the Minimum Wages Act, 1948
(11 of 1948) or the rules made there under, the following registers and records
required to be maintained by a contractor as employer under those Acts and the
rules made there under shall be deemed to be registered 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 there under
or any other laws ors regulations or in cases where mechanized pay rolls 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 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 uptodate, and, unless otherwise
provided for, shall be kept at an office or the nearest convenient building
within the precincts of the workplace or at a place within a radius of three
kilometers.
(2)
Such register shall be maintained legibly in English and Hindi or in the languages
understood by the majority of the persons employed in the establishments.
(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 authorized 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 Inspector having jurisdiction
and date of payment of unpaid wages shall be displayed in English and in 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
contractors as the case may be.
(ii)
The notice 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.
(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(1)
every contractor shall send half yearly returns 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.
Note-
Half year for the purpose of this rule means “a period of 6 months commencing
from Ist January and Ist July of every 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.
(3) The returns to be submitted under this rule by contractor/or principal employer
shall be correct complete and uptodate in all respects.
83.
(1) The Board, Committee, Chief Labour Commissioner (Central) or the Inspector
or any other authority under the Act shall have 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 legal bound to do so.
FORM
I
[See rule 17(1)]
Application for Registration of Establishments employing Contract Labour
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 contractors and contract labour;
(a) Names and Addresses of Contractor.
(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. “(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.
7. Particular of demand draft enclosed.............(Name of the Bank, Amount,
Demand Draft No.& Date)
I hereby declare that the particulars given above are true to the best of my
knowledge and belief.
Date
of receipt of Application.
Principal employer
Seal and Stamp Office of the Registering Officer.
FORM II
[See rule 18(1)] Certificate of RegistrationGovernment of India
Date
Office of the Registering Officer
A
certificate of Registration containing the following particulars is hereby granted
under sub-section (2) of Section 7 of the Contract Labour (Regulation &
Abolition) Act, 1970, and the rules made there under,to.....................................................................................................
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
[See rule 18(3)] Register of Establishment
| S.No. |
Registration
No. and
date |
Name
and
address
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
[See rule 21(1)] Application for Licence
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) Name of work in which contract labour is employed or is to be employed in
the establishment.
(b) Duration of the proposed contract works (give particulars of proposed date
commencing and ending).
(c) Name and address of the Agent or Manager of Contractor at the worksite:
(d) Maximum No. 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 dates 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 Principal Employer in Form V is enclosed.
9. Amount of licence fee-name of the Union bank, demand draft No and date.
10. Particulars of security deposits-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 a certificate in Form V from the
principal employer…… dated of the receipt of the application ‘demand
draft’ and the challan for fees/security deposits.
Declaration:
I hereby declare that the details given above are correct to the best of my
knowledge and belief.
Place:
Date:
Signature
of the applicant (Contractor)
Note—The application
should be accompanied by a demand draft 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 fee/Security Deposit.
Signature
of the Licensing Officer.
FORM V
[See rule 21(2)]
Form of Certificate by Principal Employer
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 & Abolition) Act, 1970, and Contract Labour (Regulation
& 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:
Date:
Signature
of Principal Employer
Name and address of Establishment.
FORM
V-A
[See Rule 24(I-A)]
Application for adjustment of Security Deposit
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. |
No.
and date
of the
demand
draft
security
deposits in
respect of
the previous
licence |
1 |
2 |
3 |
4 |
5 |
| Particulars
of fresh contract |
Remarks |
| 10 |
11 |
Place:
Date:
Signature of applicant
FORM
VI
[See Rule 25(1)]
Government of India Office of Licensing Officer
| Licence
No |
Dated
|
Fee
pad Rs............. |
LICENCE
1.
Licence is hereby granted to.............................under Section 12(1)
of the Contract Labour (Regulation & Abolition) Act, 1970, subject to the
conditions specified in Annexure.
2. This licence is for doing the work of (nature of work to be indicated) in
the establishment- (name of Principal Employer to be indicated) of (place of
work to be indicated)
3. The licence shall
remain in force till – (date to be indicated)]
Date:
Signature
and Seal of the Licensing Officer
RENEWAL
[Rule 29]
| Date
of RenewalDate of Renewal |
Fee
paid for renewal |
Date
of Expiry |
1
2
3 |
|
|
Signature
and Seal of the Licensing Officer
Date:
AN
NEXURE
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 rule have been fixed by agreement,
settlement or award, not less than the rates fixed.
5. In case where the workmen employed by the contractor performs the same or
similar kind or works 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 Deputy Chief
Labour Commissioner(C) 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 Deputy Chief Labour Commissioner(C).
7. In every establishment where 20 or more women are ordinarily employed as
contract labour there shall be provided 2 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 playroom 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 playroom and sufficient number of cots and beddings in the sleeping room.
The standard of construction and maintenance of the crèches may be such
as may be specified in this behalf by the Deputy Chief Labour Commissioner(C)
8. The licence shall notify and change in the number of workmen or the conditions
of work to the Licensing Officer.
9. A copy of the licence shall be displayed prominently at the premises where
the contract work is being carried on
10. The licence 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
FORM VI-A
[See
Rule 25(2)(viii)]
Notice
of Commencement/Completion of contract work
I/We Shri M/s…………………..(Name and address
of the contractor) hereby intimate that the contract work.
(Name of work) in the establishment of (Name and address of Principal Employer)
for which licence No……dated.……. has been issued to me/us
by the licensing officer (name of the headquarter), has been commenced/completed
with effect from/date/on (date)
Signature
of the Contractor(s)
To
The Inspector
................
...............
FORM VI-B
[See
Rule 81(3)]
Notice of commencement/completion of contract work
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…date… has been
commenced/completed with effect from (date)/on (date).
Signature
of the Principal Employer
To
Inspector
..............
.............
FORM VII
[See Rule 29(2)] Application for Renewal of Licences
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. Name of the Bank number and date for the demand draft enclosed. Date of receipt
of the application and “demand draft number and date”
Place:
Date:
Signature
of the Applicant
(To
be filled in office of the Licensing Officer)
Date
of receipt of the application
With demand draft No. and date.
Signature
of the Licensing Officer.
FORM VIII
[See
Rule 32(2)]
Application
for Temporary Registration of Establishments Employing contract labour
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.
7. Particulars of demand draft enclosed (Name of the Union Bank, demand draft
No. and date) Order enclosed….
I hereby declare
that the particulars given above are true to the best of my knowledge and belief.
Principal
Employer Seal and Stamp
Time and
date of receipt of application
With
demand draft
Office of the Registering Officer.
FORMS
IX
[See
Rule 32(3)]
Date of Expiry……………….. Temporary Certificate
of Registration
No............... Date...............
Government
of India
Office
of the [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 & Abolition) Act, 1970, and the rules made therefunder, 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
[See Rules 32(2)] Application for Temporary Licence
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 No. of contract labour proposed to be employed in the establishment
on any day;
5. Whether the contractor was convinced of any offence within the proceeding
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. Amount of licence fee paid –name of the Union Bank, Demand draft No.
and date
9. 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:
Date:
Signature
of the Applicant
(Contractor)
(To be filed 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
[See Rule 32(3)]
Government of India Office of Licensing Officer
| 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 & 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 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 rate 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 mind 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 Deputy 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 Deputy the Chief Labour Commissioner (Central)
7. A copy of the licence shall be displayed prominently at the premises where
the contract work is being carried on.
Form
XII
{See Rule 74} Register of Contractors
1.
Name and address of the Principal employer........
2. Name address of the establishment................
Sl.
No. |
Name
and
address of
contractor |
Nature
of work
on
contract |
Location
of
contract
work |
Period
of
contract
From |
Period
of
contract
To |
Maximum
No. of
workmen employed
by contractor |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
Form XIII
{See rule 75}
Register of Workmen Employed by Contractor
Name and address
of contractor________________ Name and address of Establishment in/under which
contract is carried on_____________
Name 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
employ
ment/De
signation |
Permanent
Home
address of
workman
(Village
and
Tehsil/Taul
k and
Distt.) |
| 1 |
2 |
3 |
4 |
5 |
6 |
Local
address. |
Date
of
commence
ment of
employme
nt |
Signatur
e or
thumb
impressi
on of
workma
n |
Date
of
terminati
on of
employ
ment |
Reasons
for
terminatio
n |
Remarks |
| 7 |
8 |
9 |
10 |
11 |
12 |
Form
XIV
(See Rule 76) Employment Card
Name and address
of contractor…………….Name and address of Establishment
in/ under which contract is carried on……… Name of work and
location of work Name and address of Principal Employer
1. Name of the
workman........
2. S.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
(See Rule 77) Service Certificate
Name and address of contractor……….Name and address of Establishment
Nature and location of work…………..in/under which contract
is carried on…. ………………………..
Name and address of the workman………….Name and address
of principal Employer……..
Age or date of
birth..........
Indentification Marks............
Father’s /Husband’s name.......
| Sl. |
Total
period |
|
Nature
of |
Rate
of |
Remarks |
| No. |
for
which
employed
………..
From |
…….
To |
work
done |
wage
(with
particula
rs of unit
in case
of piece
work) |
|
| 1 |
2 |
3 |
4 |
5 |
6 |
Signature.................
Form XVI
[See rule 78 (1) (a) (i)]
Muster Roll
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 |
Dates
1 2 3 4 5 |
Remarks |
| 1 |
2 |
3 |
4 |
5 |
6 |
Form
XVII
[See Rule 78(1) (a) (i)] Register of wages
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 |
Daily
rate
of
wages/piece
rate |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
Amount of wages earned
Basic
wages |
Dear
ness
Allo
wan
ces |
Over
time |
Other
cash
payments
(Nature of
payment to
be
indicated) |
To
tal |
Deducti
ons, if
any,
(Indicate
nature) |
Net
amount
paid |
Signat
ure/Th
um
impres
sion of
workm
an |
Initial
of
contr
actor
or his
repre
sentative |
| 8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
Form
XVIII
[See Rule 78 (1) (a) (i)]
Form of Register of Wages-cum-Muster roll
Name and address
of Conractor………….. 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: Weekly/fortnightly From……….to……………..
Sl.
No. |
S.No.
in
Register
of
workman |
Name
of
Employee |
Designation/nature
of work |
Daily
attendance/
units
worked
12:15 |
Total
attendance/
Units of
work done |
Daily
rate of
wages/
Piece
rate |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
Amount of wages earned
Basic
wages |
Dear
ness
Allo
wan
ces |
Over
time |
Other
cash
payments
(nature of
payments to
be
indicated) |
To
tal |
Deducti
ons, if
any,
(Indicate
nature) |
Net
amount
paid |
Signat
ure/Th
um
impres
sion of
workm
an |
Initial
of
contr
actor
or his
repre
sentative |
| 8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
Form
XIX
[See Rule 78(1)(b)]
Wage Slip
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 workers…….
3. Rate of daily wages/piece rate……….
4. Amount 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
[See rule 78 (1)(a)(ii)]
Register of deductions for Damage or Loss
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 |
Date of recovery
Name
of person in whose
presence employee’s
explanation was heard |
Amount
of
deduction
imposed |
No.
of
instalments |
Last
instalment |
Remarks |
| 8 |
9 |
10 |
11 |
12 |
Form
XXI
[See rule 78 (1) (a) (ii)]
Register of fines
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
&wages
payable |
Amount
of
fine
imposed |
Date
on
which fine
realised |
Remarks |
| 7 |
8 |
9 |
10 |
11 |
12 |
Form
XXII
[See rule 78 (1) (a) (ii)]
Register of Advances
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
&
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
&
amount of
each
instalment
re-paid |
Date
on
which last
instalment
was repaid |
Remarks |
| 7 |
8 |
9 |
10 |
11 |
Form
XXIII
[See rule 78 (1) (a) (iii)]
Register of Overtime
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 |
Normal
rate of |
Overtime
rate of |
Overtime
earnings |
Date
on
which |
Remarks |
worked
or
production
in case of
piece-rated |
wages |
wages |
|
overtime
wages paid |
|
| 7 |
8 |
9 |
10 |
11 |
12 |
Form
XXIV
[See rule 82 (1) ]
Return to be sent by the Contractor to the Licensing Officer
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 contractors’ 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 mandays 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)
Signature
of Contractor
Place:
Date:
Form
XXV
[See rule 82 (2)]
Annual returns of principal employer to be sent to the Registering Officer
Year ending 31st December........
1.
Full name and address of the Principal employer;
2. Name of Establishment:
(a) District
(b) Postal Address © Nature of operations/industry/work carried on
3. Full name of the Manager or person responsible for supervision and control
of the establishment.
4. No. of contracts 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 mandays worked by contract labour during the year:
8. Maximum No. of workmen employed directly on any day during the year:
9. Total No. of days during the year on which direct labour was employed:
10. Total No. of mandays 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:
Principal
Employer
Place:
Date:
ANNEXURE TO FORM
Name
and address of the
contractor
|
Period
of contract From-to |
Nature
of work |
Maximum
No. of workers employed by each contractor |
No.
of days worked |
No.
of man days worked |
| 1 |
2 |
3 |
4 |
5 |
6 |
[ANNEXURE ‘A’]
[Rule 38(1)]
| Sl.No.
|
Officers |
Headquarter
of the Officers |
| 1 |
2 |
3 |
|