CONTRACT LABOUR ACT
Contract Labour Rules,1971 and Forms
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CHAPTER II |
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CHAPTER III |
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CHAPTER IV |
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CHAPTER V |
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CHAPTER VI |
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CHAPTER VII |
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FORMS |
APPENDIX I
CONTRACT LABOUR
(REGULATION AND ABOLITION)
CENTRAL RULES.
1971
G.S.R. 191. dated 1st
February. 19711—
In exercise of the powers
conferred by Sec. 35 of the Contract Labour (Regulation and Abolition) Act,
1970, the Central Government hereby makes the following rules, the same ha been
previously published as required by the said section, namely:
1. Short title and
commencement—4 1) These rules may be called the Contract Labour (Regulation and
Abolition Central Rules, 1971.
(2) They shall come into force on the date of their publication in the Official Gazette.
Comment
Rules for effectuating the
purpose of the Act.
The general power of
framing rules for effectuating the purposes of the Act would plainly authorise
and sanction the framing of such a rule.3
2. Definitions.—
In these rules, unless the
subject or context otherwise, requires,—
(a) “Act” means the Contract
Labour (Regulation and Abolition) Act, 1970;
(b) “Appellate
Officer” means the Appellate Officer appointed by the Central Government under
sub-section (1) of Sec. 15;
(c) “Board” means the
Central Advisory Contract Labour Board constituted under Sec. 3;
(d) “Chairman”
means the Chairman of the Board;
(e) “Committee” means
a committee constituted under sub-section (1) of Sec. 5;
U) ‘form” means a form
appended to these rules; (g) “section” means a section of the Act.
Comment
This rule defines the various terms used in these Rules.
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)4
three persons representing the Central Government to be ap(d)5
pointed by that Government from amongst its officials;
(two persons I, representing the railways, to be appointed by the Central Government after consultation with the Railways board;
(e)6 [flve
persons], 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 organization, If any, of the employers and the contractors as may be
recognized by the Central Government;
(f)
(seven
persons 5[two] representing the employees In the Railways,8
one representing the employees in coal-mines, (two representing the
employees in other mines I, and two representing the employees or contractors
to whom the Act applies, to be appointed by the Central (Government after
consultation with such organizations If any, of employees representing the
respective Interest as may be recognized by the Central Government
1. Published In the
Gazette Qf India Extraordinary.
Pt. II. Sec. 3 (Q, dated 10th February 1971.
2. w.e.f.
10th February 1971.
3. Ram Autar
Santosh Kumar v. State of Bihar, A.I..R. 1967 Pat. 13 at p. 17 see also
Jacob M. Puthuparambil
v.
Kerala Water
Authority A.I.R. 1990 S.C. 2228 at p. 2237.
4. Subs. hr “one person” by G.S.R 305 (E), dated 7th June, 1991.
5. Subs. by Central
(Amendment Act, 1971.
6. Subs,byO.S.R.598,dated23rdMay,1973.
<![endif]>
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
an the Official
Gazette.
(2) Each of the members of
the Board, referred to In Cis. (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 Cls. (a) and (f) of nile 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 member shall,, ~twithstandlng
~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
I?ehalf and by such member and addressed to the Chairman of the Board,
nominate a si~bstitu~e in his place to attend the meeting anU such a
substitute member shall have all the rights of a member in resped of that
meeting and any decision taken at the meeting shall be binding on the said
body.
This rule lays down that
the terms of office of Chairman and members, not being an ex officio
member or a representative of the Central Government or the Railway Board,
shall be three years.
1[5
Regulation.—(I) 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.
Comment
This rule lays down that
the office of a member shall fall vacant by resignation from the date of
acceptance of his resignati9n by the Central Government or even on the expiry
of thirty days from the date of receipt of letter of resignation, whichever is
earlier.
6. Cessation of
membership.—lf
any member of- the Board, not being an ex officio member, falls to
attend three consecutive meetings of the Board,without obtaining the leave of
the Chairman for such absence, he shall cease to be a member of the Board:
Provided that the Central
Government may, If It is satisfied that such member was prevented by
sufficient cause from attending three consecutive meetings of the Board direct
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.—A
person shall be disqualified for reappointment, 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
(Ill) If he has been or is
convicted of an offence which, In the opinion of the Central Government,,
lnvolves 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 rule (1), the Central Government
shall be decide the same
*1. Subs by G.S.R. 520,
dated 10th May 1974.
This rule imposes
disqualification for membership or for re-appointment as a member.
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.
Comment
Proviso.—A
proviso is intended to limit the enacted provision so as to except something
which would have otherwise been within it or in some measure to modify the
enacting clause. Sometimes a proviso may be embedded in the main provision and
becomes an integral part of it so as to amount to a substantive provision
Itself.1
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)
(1) 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.
This rule deals with the
matter regarding appointment of secretary and other members of the staff as
also the duties of the secretary.
11. Allowances of
members.—(1)
The traveling allowances 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 calculatqd at the maximum
rate admissible to Grade I Officers of the Central Government In their
respective places.
This rule lays down that
non-official members shall be paid travelling allowance and daily allowances
at the rates admissible to Grade I Officers of the Central Government.
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 a second or a castinq vote.
Explanatlon.—“Chairman”
for the purposes of this rule shall Include the Chairman nominated under
rule 13 to preside over a meeting.
1.
S. Sundaram Pillai v.Pattabiraman, A.I.R. 1985 .C.1985 S.C.582 at p.591 ; see
also T.S. Reddy v.Government of A.I.;R 1992 A.P.19 at p.37
Explanation—lt
is now well settled that an explanation added to a statutory provision is~ not
a substantive provision In any sense of the term but as the plain meaning of
the word itself shows It Is merely meant to explain or clarify certain
ambiguities which may have crept in the statutory provision.1
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 meeting and list of business.—
(1) Ordinarily seven days’ notice shall be given to the members of a proposed meeting.
(2) No business which Is not on the list of business for a meeting shall be
considered at the meeting without the permission of the Chairman.
15. Quorum.—No
business shall be transacted at any meeting unless at least five members are
present:
Provided that if at any
meeting less than five members are present, the Chairman may adjourn the
meeting to another date Informing members present and giving notice to the
other members that he proposes to dispose of the business at the adjourned
meeting whether there Is prescribed quorum or not, and it shall thereupon be
lawful for him to dispose of the business at the adjourned meeting
Irrespective of the number of 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.
4(2)
(i) The Committee shall meet at such times and places as the Chairman of the
said Committee may decide.
(ii) The provisions of
rules 12, 13 (2), 14 and 15 shall apply to the Committee for transaction of
business at Its meetings as they apply to the Board, subject to the
modification that the quorum specified In rule 15 shall be “one.thlrd of the
members” Instead of “five members.”J
(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.
Comment
The rule empowers the Board to constitute such committees for the various purposes as it may think fit.
17. Manner of making application for
registration of establishment—
(l) The application
referred to In sub-section (1) of Sec. 7 shall be made In triplicate, In Form
I to the Registering Officer of the area in which the establishment sought to
be registered is located.
(2) The application
referred to In sub-rule (1) shall be accompanied by a 3(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 acknowledgment
to the applicant.
1. S. Sundaran Pilli
v. V.R. Pattabrantan, A.l.R.. 1985 S.C. 582 alp. 592 ; See also Keshavji Ravji
and Co. v. Commissioner, income Tax, A.l.R. 1991 S.C. 1806 at p. 1818 ; Shree
Amarsing Swaroopsinh v. Jagdish Processors 1994 Lab I.C. 443 at p.449 (Guj).
2. Subs. by G.S.R.
520, dated 10th May. 1974.
3. Subs. by G.S.R.
657, dated 11th August, 1987 (w.e.f. 22nd August, 1987), for the words.
“tresaury receipt.’
18.
Grant of certificate of Registration.—
(1) The certificate of
registration granted under sub-section (2) of sec. 7 shall be in Form II.
(2)
Every certificate of registration granted under sub-section (2) of
Sec.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 releyant to the employment of contract labour in the establishment.
(3) The registering officer
shall maintain a register in Form lit 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 day from the date written
such change takes place, the particulars of, and the reasons for, such
change.
This rule deals with the
matter regarding grant of certificate of registration to an establishment a.
per the provisions of the Act.
19. Circumstance in which
application for registration may be rejected.—
(1) If any application for
registration is not complete in all respects, the registering officer shall
require the principal employer to amend the application so as to make It
complete in all respects.
(2)If the principal
employer, on being required by the registering officer to amend his
application, for registration, omits or falls to do so, the registering
officer shall reject the application for registration.
Comment
This rule empowers the
registering officer to reject an application for registration in certain
circumstances.
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 1[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 2(demand draft showing such
deposit. <![endif]>
(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 has 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 license
–
(1) Every application by a
contractor for the grant of a license shall be made In triplicate, in Form IV,
to the licensing officer of the area in which the establishment, in relation
to which he Is the -contractor, is located.
1.
Sub., by G.S.R. 657, dated 11th August, 1987 (w.A. 22nd August, 1987), for the
word “deposit”.
2. Subs. by Ibid, for
the words “treasury receipt”.
(2) Every application for
the grant of a license shall be accompanied by a certificate by the principal
employer in Form V to the effect that the applicant has been employees by him
as a contractor in relation to his establishment and that he undertakes to be
bound by all 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 sept to him
by registered post..
4) on receipt of the
application reffered 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
reffered to in sub-rule (1) shell also be accompanied by a 1[demand
draft] showing-
(I)
Tbe deposit of the ssecurity at the rates specialist in rule 24 and
(IIJ 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 license, the licensing officer’ shall take the following matters Into
account, namely:
(I) Whether the applicant,
(II)
is a minor; or
(III) is of unsound mind
and stands so declared by a competent court; or
(II)
is an undisharged Insolvent, or
(IV)
has been convicted (at any
time during a period of five years Immediately date of. application) of an
offence which, in the opinion of the Central Government, involves moral
turpitude;
(b)
whether there is an order Qf the appropriate
Government or an award or settlement for the abolition of ‘contract lebour 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 subsection (1) of Sec.
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 atthe rates specified in rule 26; and
Comment
Under this rule certain
matters have to be taken Into account while granting or refusing to grant a
license, to a contractor.
2[23.Refusal
to grant license-
(1)
On receipt of the
application from the contractor, and as soon as the licensing officer shall
investigate or cause investigation to be made to stisfy himself about the
correctness of the facts and cause investigation to be made to satisfy himself
about the correctness of the facts and particulars furnished in such
application and the eligibility to the license ]
(2) (i) Where the licensing
officer is of opinion that 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.
Comment
This rule lays down that
the order for- refusal to grant licence should be passed after hearing the
applicant and giving reasons therefore
1. Sub. by G.SR. 657,
dated 11th August, 1987 (w.e.f. 22nd August, 1987), for the. Words “treasury
receipt”
2. Subs, by G.S.R. 520, dated 10th May. 1974.
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 & compliance with the provisions of the Act or the rules made there
under:
2[Provided
that where the contractor is a co-operative society, the amount deposited as
security shall be at the rate of 1[ Rs.15] for each workman to be
employed as a contract labour.]
3[(1-A)
Where the applicant for 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 s4curity 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 license and the applicant
need, deposit, in such a case, only the balance amount, If any, after making
such adjustment.]
(2)
4[The amount of
security, or the balance amount, required to be deposited under sub-rule (1)
or, as the case may be under sub-rule (1-A)] shall be paid In the local
treasury under the Head of Account “Section T—Deposits -and Advances—Part II,—
Deposits not bearing interest—(c) Other Deposit Accounts—Department and
Judicial Deposits—Civil Deposits—Deposits under Contract Labour (Regulation
and Abolition) Act, 1970 (Central).”
This rule lays down that
security money should be got deposited by the contractor prior to the Issue of
a licence.
25.
Form and terms and condition of licence,—{l) Every licence granted
under sub-section (1) of Sec. 12
shall be in Form VI.
(2) Every licence granted
under sub-rule (11) or renewed under i4.iie9 shall be subject to the following
conditions, namely:
(I) the licence shall be
non-transferable;
(II) the number of
workman employee 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 (II of 1948), for such employment where
applicable, and where the rates have
been fixed by agreement, settlement or award, not less than the rates
so fixed;
(v) (a) In
cases where the workmen employed by the contractor perform the same or similar
kind of work as the workmen directly employed by the principal employer of the
establishment, the wage rates, holidays, hours of work and other conditions of
service of the workmen of the contractor shall be the same as applicable to
the workman directly employed by the principal employer of the establishment
on the same or similar kind of work
Pleaded that in the case of
any disagreement with regar4 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 Chief
Commissioner (Central);
1. Subs, by G.S.R.
1215 (E), dated 28th December, 1988.
2. Added by Contract
Labour (Regulation and Abolition) Central (Amendment) Rules 1973, vide G.S.R.
200, dated 24th February, 1973.
3. Ins, by G.S.R. 948,
dated 12th dull,, 1978.
4. Subs. by Ibid.
5. The words "whose
decision shall be final" omitted by G.S.R. 871 (E), dated 26th November, 1965
(w.e.f.26th November, 1985).
Explanation—While determining the wage rates, holidays, hours of work other conditions of service under Cl. (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 year
(b) one 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 creches shall be such as may be specified
in this behalf by the Chief Labour Commissioner-(Central);
1(vii) the licence shall
notify any change in the number of workmen or the conditions of work to the
licensing officer;
1[(viii)the
licensee shall, within fifteen days of the commencement and completion of each
contract work submit a return to the Inspector, appointment, under Sec. 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]
2[ix)
a copy of the licence shall be displayed prominently at the premises where the
contract work is being carried on;] -
3[4[(x)
no female contract labour shall be employed by any contractor before 6.00 a.m.
or after 7.00- p.m.:
Provided that this clause
shall not apply to the employment of women in pithead baths, creches and
canteens and as to mid-wives and nurses in hospitals and dispensaries.]
Comment
This rule lays down the
terms and conditions of a licence to be granted.
In a case - where the type
of work done by the workmen engaged by the contractor is- the same as done by
the workmen directly employed by the principal employer, -*e workmen employed
by the contractor would be entitled to the same wages.
The proviso to sub-rule (v)
(a) of rule 25 (2) of the rules would come Into operation only if there
is a disagreement with regard to the type of work. When there is no such
disagreement, sub rule (v) (a) of rule 25 (2) would be, applicable.5
6[26. Fees
(1) The, fees to be paid
for the grant of a certificate of registration under Sec. 7 shall be as
specified below:
If the number of workmen proposed to be employed on contract on any day
(a) is 20
- ... Rs. 60
(b) exceeds 20 but does not exceed 50 ... Rs. 150
(c) exceeds 50 but does not exceed 100 ... Rs. 300
(d) exceeds 100 but does not exceed 200 ... Rs. 600
(e) exceeds 200 but does not exceed 400 ... Rs. 1200
exceeds 400 ... Rs.
1500
(2) The fees to be paid
for the grant of license under Sec. 1 shall be as specified below:
1 Ins by G.S.R. 199,dated
11th January, 1977 w.e.f. 12th February, 1977).
2. Ins, by G.S.R. 657,
dated 11th August. 1987 (w.e.f. 22nd August. 1987).
3. Ins, by G.S.R. 948,
dated. 1 July 1978 (w.e.f. 22nd July, 1978).
4. Clause (ix)
renumbered as Cl. (x) by 657 dated 11th August, 1987 (w.e.f. 22nd 1987).
5. Indian Airlines v.
Central Government Labour court, New Delhi, (1987) II L.L.J. 512 et p. 515
(HC.).
6. Subs, by G.S.R. 1215
(E), dated 28th December, 1988.
-
If the number of workmen employed by the contractor on any day—
(a) is 20 --- Rs. 15.00
(b) exceeds 20 but does not exceed 50 --- Rs. 37.50
(c) exceeds 50 but does not exceed 100 --- Rs. 75.00
(d) exceeds 100 but does not exceed 200 --- Rs.150.00
(e) exceeds 200 but does not exceed 400 --- Rs. 300.00
(f) exceeds 400 --- Rs.375.00]
27. Validity of the licence.—Every licence granted under rule 25 or renewed under rule 29’ shall remain i&force for twelve months fromi the date it is granted or renewed.
comment
A licence granted under
these rules is valid for a period of twelve months only.
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 license amended shall submit to the licensing officer an
application stating the nature of the amendment and reason therefore.
(3) (i) If the licensing
officer allows the application he shall require the applicant to furnish a
‘[demand draft] for the amount, if any, by which the fees that would have been
payable if the licence had been originally issued in the amended form exceeds
for fees originally paid for the licence.
(ii) On the
applicant furnishing the requisite ‘[demand draft] the license shall be
amended according to the orders of the licensing officer.
(4) Where the application for amendment is refused licensing officer shall record the reasons for such refusal and communicate the same to the applicant.
Comment
May and shall.—Where
the Languages two words “may” and “shall” in two different parts of the same
provision prima facie it would appear that the Legislature manifested
its intention to make one part directory and another mandatory. But that by
itself is not decisive. The power of the Court still to ascertain the real
intention of the Legislature by carefully examining the scope of the statute
to find out whether the provision is directory or mandatory remains
unimpaired even where both the words are used in the same provision.2
The word “shall’ cannot be interpreted as “may"
1. Subs by G.S.R. 657 dated 11th August, 1987 (w.e.f.22nd August, 1987)for the words "treasury receipt".
2. Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta, A.I. R. 1985 S.C. 964 at p. 967 ;see also Rudrani Chatterjee v. Nabadwip Municipality, A.I.R.1990 cal. 397 at p. 404;Lakshmanasami Gounder v. C.I.T. Selvamani, 1992 (I) S.C.C. 91 at p.95 ; T.V. Usman v.Food Inspector, 1994 S.C. Cr. R. 502 at 505.
3. Sub-Committee of Judicial Accountability v.
Union of India A.I.R.1992 S.C. 320 at p. 352; Sonepur Tea Co. v. State of
Assam (1994) 4 S.C.C.746 at 756.
29. Renewa1 of licence.—
( 1) Every contractor shall apply to the licensing officer for renewal of the license.
(2)Every such application shall be in Form VII in triplicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued.
(3)
The fees chargeable for renewal of the licence shall be the same as for the
grant thereof
Provided that if the
application for renewal 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 control
the contractor, he may
reduce or remit as he thinks fit the payment of such excess fee.
Comment
Shall-when the expression
“shall” Is used It must normally be construed to mean “shall” and not “may”.’
30. Issue of duplicate
certificate of registration or a licence here 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.
Comment
This rule makes provision for the issue of duplicate Qf
registration or licence, in case of its loss, destruction etc
31. Refund of security—
(l) (i) On expiry of the
period of licence the contractor may, if he does not intend to have his
licence renewed make an application to the licensing officer for the refund of
the security deposited by him under rule 24.
(ii) If the Licensing
Officer is satisfied that there is no breach of the conditions of licence or
there is no order under Sec. 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 sccurity, 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 sixty days of the
receipt of the application.
32. Grant of temporary certificate of registration and licence
(1) Where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the principal employer of the establishment or the contractor, as the case may be, may apply for a temporary certificate of registration or licence to the Registering officer or the licencing Officer, as the case may be, having jurisdiction over the area in which the establishment is situated.
(2) The application such
temporary registration or licence shall be made in triplicate in Forms VIII
and X, respectively and shall be accompanied by a 1[Demand draft] drawn in
favour of the Pay and Accounts Officer, Office of the Chief Labour
Commissioner (Central), New Delhi showing the payment of appropriate fees and
in this case of the licence appropriate amount of security also. -
(4) Where a certificate of registration or licence is not granted the
resons therefor shall be recorded by the registering Officer or the LicensIng
0fficer as the case maybe.
(5) On the explrybf 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) sha1l be as
specified below:
If the number Workmen proposed to be employed on
contract on any day—
(a) exceeds 20 but does not exceed
50 Rs. 2 [30.00]
(b) exceeds 50 but does not exceed 200 Rs. 2160.00
(C) exceeds 200 Rs. 2[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 20 but does not exceed 50
--- Rs.2[15.00]
(b) exceeds 50 but does not exceed 200 --- Rs.
2[60.00]
(c) exceeds 200 --- Rs. 2[90.00]
(8) The provision of rule 23 and rule 24 shall apply to
the refusa1 to grant licence or to grant licence under sub-rule (4) and
sub-rule (3), respectively.
Comment
This rule makes provision for the grant of temporary certificate of registration and licence, on payment of the prescribed fees.
Appeals and Procedure
33. (l)(i) Every
appeal under sub-section -(1,) of Sec. 15 shall be preferred in the
form of a memorandum signed by the appellant or his authorised agent and
presented to the Appellate Officer in person or sent to him by registered
post.
1. Subs. by G.S.R. 657 dated 11th August , 1987 (w.e.f. 22nd August, 1987) for the words “treasury receipt or a crossed postal order drawn in favour of the appropriate registering or licensing officer as the case may be”
2. Subs by G.S.R. 1215 (E) dated 28th December, 1988.
(ii) The memorandum shall
be accompanied by a certified. copy of the order appealed to demand draft] for
Rs.10.
(2) The memorandum shall set forth concisely and under distinct
heads the grounds of appeal to 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 by the Appellate Officer.
(2) Where the Appellate
officer rejects the memorandum under sub- rule (1) he shall record the reason
for such rejection, and communicate the order to the appellant.
(3) Where the memorandum of
appeal is in order the Appellate Officer shall admit the appeal, endorse thereon
the date of presentation and shall register the appeal in a book to be kept for
the purpose called the register of Appeals.
(4) (i) When the appeal has been admitted, the Appellate Officer shall send the notice of the appeal to the Registering Officer or the Licensing Officer, as the case may be, from whose order the appeal has been preferred and the Registering Officer or the Licensing Officer shall send the record of the case to the Appellate Officer..
(2) The judgment of the
Appellate Officer shall state the points for determination the decisions and the
reasons for the decisions.
(3) The order shall be
communicated to the appellant and cow thereof shall be sent to the Registering
Officer or the’ Licensing Officer from whose order the appeal has been
preferred.
These rules deal with the
matter relating to appeals to the Appellate order and lay down procedure
therefore.
38.1[Payment of
fee
(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 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. 1 TR-6iin triplicate) indicating the details of
payments, etc.
(2) The Licensing Officer, the Registering Officer or the
Appellate Authority, as the case may be, on receipt of the demand draft from the
party shall arrange to deposit the amount in the appropriate account in the Bank
with which he, in his capacity as Regional Labour Commissioner/Assistant Labour
Commissioner (central) as Drawing and Disbursing Officer is in account. The
Assistant Labour Commissioner (Central), Delhi, shall deposit the demand draft
In the Union Bank of India, Extension Centre, Shram Shakti Bhavan, Rafi Marg,
New Delhi, in the account of “Pay and Accounts Officer” Chief Labour
Commissioner, New Delhi.
(3) The payment received by
the officer 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
and Abolition) Central Rules, 1971 [adjustable in the books of the Pay and
Accounts Officer, (Chief Labour Commissioner), Ministry of Labour, New Delhi”]
Licensing Fees-O87-Labour
and employment the Contract Labour (Regulation and Abolition) Central Rules,
1971 in the books of the Pay and Accounts Officer, (Chief Labour Commissioner),
Ministry of Labour, New Delhi.]”
Security deposits—Deposits
and Advances (—) deposits not bearing Interest 843 - Civil Deposit under
Contract Labour (Regulation and Abolition) Act, 1970 (adjustable in the books
of the Pay and Accounts Officer, (Chief Labour Commissioner), Ministry of
Labour, New Delhi
Duplicate copy of the
registration certificates—”O87—Labour and Employment Fee under Contract Labour
Act (Regulation and Abolition) Central Rules, 1971.”
Comment
This rule deals the matter
regarding payment of fees and prescribes heads of account to which deposits are
to be made.
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 on the order, made to
officer concerned.
Welfare and Health of Contact Labour
40.(1)The
facilities required to be provided under Sec., 18 and 19 of the Act, namely
sufficient sup 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 ease of existing establishment within seven days of the
commencement of 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 in the said sub-rule.
41.
Rest room-(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 contact labour is likely to continue for
three months or more the contractor shall provide and maintain rest-rooms or
other suitable alternative accommodation within fifteen days of the coming into
force of the rules in the case of existing establishment,and within fifteen days
of the commencement of the employment of contract labour in new establishments.
(2)If the amenity referred
to in sub-rule (1) is not provided by the contractor within the period
prescribed, the principal employer shall provide the same within a period of
fifteen day 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 maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.
(5) The rest-room or rooms or other suitable
alternative accommodating shall be of such dimensions so as to provide at least
a floor area of 1.1 sq. metre for each person 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 labour numbering one hundred or
more are ordinarily employed an adequate canteen shall be provided by the
contractor for the use of such contract labour within sixty days of the date of
coming into force of the rules in the case of the existing establishments and
within sixty days of the commencement of contract labour In the case of tew
establishments of the employment
(2) If the
contractor fails to provide the canteen within the time laid down the same shall
be provided by the principle employer within sixty days of the expiry of the
time allowed to the contractor.
(3)The
canteen shall be maintained by the contractor or principal employer; as the case
may be, in an efficient manner
43.
(1) The canteen shall consist of at
least a dining hall; kitchen, store room, pantry and washing places separately
for workers and for utensils.
(2)(i) The canteen shall be sufficiently
lighted at all times when any person has, access to it.
(ii) The floor’ shall be made of
smooth and impervious material and inside walls shall be lime-washed or colour-washed
at least once in each year
Provided that the inside walls of the kitchen
shall be lime-washed every four months.
(3)(i) The precincts of the canteen shall
be maintained in, a. clean and sanitary condition.
(ii) Suitable arrangements shall be made
for the collection and disposal of garbage.
44.(1)
The dining-hall shall accommodate at a time at least 30 percent of the contract
labour working at a time.
(2)The floor area of the dining-hall, excluding
the area occupied by the service in the counter and any furniture except tables
and chairs shall be not less than one square metre per diner to be accommodated
as prescribed In sub-rule (1). -
(3) (i) A portion of the dining-hall and service
counter shall be partitioned off and reserved for women workers, in proportion
to their number,,.
(ii) Washing places for women shall be
separate and screened to secure private.
(4)Sufficient tables, stools, chairs or benches
shall be available for the number of diners to be accommodated as prescribed in
sub-rule (1).
45
(1) (i) There shall be provided and maintained sufficient utensils, crockery,
cutlery, furniture and any other equipment necessary for the sufficient running
of the canteen,
(ii)The furniture, utensils and other equipment.
shall be and
(2) (1) Suitable clean clothes for the
employees’ service in the canteen shall also be provided and maintained
(ii)A service -counter, if provided, shall
have top of smooth and impervious material.
(iii) Suitable facilities including an
adequate supply of hot water shall be provided for the cleaning of utensils and
equipment.
46.The
foodstuffs and other items to be served in the canteen shall be in conformity
with the normal habits of the contract labour.
47
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 buildings;
(b) the depreciation and maintenance
charges for the building and ‘equient provided for in
the
canteen;
(c)
the cost of purchase, repairs and replacement of equipment including
furniture, crockery, cutlery and utensils;
(d)
the water charges and other charges incurred for lighting
and ventilation;
(e) the interest on the maintenance of amounts spent on the provision and maintenance of furniture and equipment provided for canteen.
49.
The books of accounts and registers and
other documents used in connection with the running of the canteen shall be
produced on demand to an inspector.
50.The
account pertaining to the canteen shall be audited once every twelve months by
registered accountants and auditors
Provided that the Chief Labour Commissioner
(general) 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
i view of the site or the location of the canteen.
51.Latrines and urinals—Latrines
shall be provided in every establishment coming within the scope of the Act on
the following scale, namely:
(a) where females are employed, there shall be
at least one latrine for every 25 females;
(b) where males are employed, there
shall- be at least one latrine for every 25 males
Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for every 25 males, or females as the case may be, up to the first 100,and one for every 50 thereafter ‘
52.
Every latrine shall be under cover and
so partitioned off as to secure privacy, and shall have a proper door and
fastenings.
53.(1)
Where workers of both sexes are employed there shall be displayed outside each
block of latrine and urinal a notice in the language understood by the majority
of the workers ‘for Men Only’ or “For Women Only” as the case may be.
(2)The notice
shall also bear the figure of a man or of a woman, as the ease may be.
54.There
shall be at least one urinal for male workers up to 50 and one for female
workers up to 50 employed at a time:
Provided that where the number of male female
workmen, 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 every100 or
part thereof thereafter.
55
(1) The latrines and urinals shall be conveniently situated and accessible to
workers at the establishment
(2)(i)The
latrines 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 requirement 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
urinal
57.. Washing facilities
(1) In every
establishment coming within the scope of the Act adequate and suitable
facilities for washing shall be provided and maintained for the use of contract
labour employed therein.
(2)Separate
and adequate screening facilities shall be provided for the use of male and
female workers.
(3)Such
facilities shall be conveniently accessible and shall be kept in clean and
hygienic condition.
58. First
aid facilities
In every establishment coming within the scope of the Act there shall be provided and maintained, so as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.
59.(1)
The first-aid box shall be distinctly marked with a red cross on a white ground
and shall contain the following equipment namely:
A: For establishment in which the number of
contract labour employed does not exceed fifty Each first-aid box shall contain
the following equipments:
(i)
6 small sterilized dressings.
(ii)3 medium size sterlized dressings.
(iii) 3 large size sterilized dressings.
(iv) 3 large sterilized burn dressings.
(v) 1(30ml) bottle containing a two percent
alcoholic solution of iodine.
(vi) 1(30ml) bottle containing sal volatile having the dose and
mode of administration indicated on the label.
(vii) 1 snake-bite lancet.
(viii) 1 (30 gms) bottle of potassium permanganate crystals.
(ix) 1 pair scissors.
(x) 1 copy of the first-a14 leaflet
issued by the Director General, Factory Advice Service and Labour Institutes,
Government of India.
(xi) A bottle containing 100 tablets (each of 5 grains) of
aspirin. (xii) Ointment for burns.
(xiii) A bottle of suitable surgical
antiseptic solution.
B) For establishments in which the number contract labour exceed fifty Each
first-aid box shall contain the following equipments:
(i) 12 small sterilized dressings.
- (ii) 6 medium size sterilized dressings.
(iii) 6 large size sterilized dressings.
(iv) 6 large size sterilized burn dressings.
(v)6 (15
gins.) packets sterilized cotton Wool.
(vi) 1 (60 ml.) bottle containing a two per center alcoholic solution of
iodine.
(vii) 1(60ml.) bottle containing sal volatile having the dose and mode
administration indicated on the label.
(viii) 1 roll of adhesive plaster
(ix) A snake-bite lancel.
(x) 1(30gms) bottle of potassium permanganate
crystals.
(xi) I pair
scissors. ‘ -
(xii) 1 copy of the first-aid leaflet
issued by 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 box treatment, in establishments where the number of contract labour employed is 15O or
Wages
63. The contractor shall fix wage periods in respect of which wages shall be payable.
64. No wag period shall exceed one month.
65 The wages of every person employed as contract labour is an or- by a contractor where less than one thousand such persons are paid before the expiry of the seventh day; in other case before the s after the last day of the wage period in respect of which the wages are
66. Where the employment of any worker is terminated by or contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which ‘he 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 forty eight hours of the last working days.
68.Wages due to every Worker shall be paid to him direct or to other person authorised by him in this behalf.
69.All wages shall be paid in current coin or currency or in both.
70. Wages shall be paid without any deductions of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 (IV of 1936).
71. A notice showing the wage period and the place and time of disbursement of wage shall be displayed, at the place of work and copy sent by 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 workman and it shall be the duty of the contractor to ensure the disbursement wages in the presence of such authorized representstive.
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 1[Register of Wages-cum-Muster Roll as the case may be in following form:
“Certified that the amount shown in column No---------- has been paid to the workmen concerned in my presence on -------- at ---------“
1. Subs by G.S.R. 948 dated 12th July, 1978.
Registers and Records and Collection of Statistics
74. Register of contractors:-Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII.
75. Register of persons employed.-Every contractor shall maintain in respect of such registered establishment where he employs contract labour a register in Form XIII.
76. Employment card.-(I) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker .
(II) The card shall be maintained up to date and any change in the particulars shall be entered therein.
77. Service certificate.-On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form XV.
78. Muster roll, wages registers, deduction register and overtime
register.-1[(1) (a) Every contractor shall in respect of each work on which he engages contract labour -
(1) maintain a muster roll and a register of wages in Form XVI and Form XVII, respectively:
Provided that combined Register of Wage-cum Muster Roll in Form XVIII
shall be maintained by the contractor where the wage period is a fortnight or less;
(II) maintain a Register of Deductions for damage or loss, Register of Fines and Register of Advances in Form XX, Form XXI and Form XXII, respectively;
(III) maintain a Register of Overtime in Form 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 may be, and the entries shall be authenticated by the initials of the contractor or his authorized representative 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 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 register 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;
(9) wage slip.]
(3) 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 or regulation 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 Chief Labour Commissioner (Central).
Subs. by G.S.R. 948, dated 12th July, 1978
1. Subs. by G.S.R. 48 dated 31st December, 1987.
2. Subs. by G.S.R. 657. dated 11th August. 1987 (i.e. 22nd August, 1987).
3. Ins. by G.S.R. 199. dated 251h January. 1977 (w.e.f. 12th February, 1977).
4. Ins. by G.S.R. 657. dated 11th August, 1987 (w.e.f,22nd August. 1987).