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8/7/2019 ContractAct labour & abolition
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THE CONTRACT LABOUR (REGULATION AND ABOLITION)
ACT, 1970Team Members: | 2 Devender Anand | 9 Prasad Dangle |10 Shrusti Desmukh |
|11 Neetu Dhoot | |12 Gautam Ghosh | 14 Harish Nagarajan |
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About the Act
The contract Labour (Regulation & Abolition) Bill was passed on 5th September 1970 (37 of
1970) The contract Labour (Regulation and Abolition) (A Amendment) Act, 1986 (14 of 1986)
The delegated Legislation Provisions (Amendment) act, 2004 (4 of 2005)
Objective:
To regulate the employment of contract labor in certain establishments and to provide for itsabolition in certain circumstances and for matters connected therewith.
Whom does it Apply to?
The Act applies to every establishment in which 20 or more workmen are employed or were
employed on any day on the preceding 12 months as contract labour To every contractor who employs or who employed on any day of the preceding 12 months
20 or more workmen. The Act also applies to establishments of the Government and local
authorities as well.
It does not apply to establishments where the work performed is of intermittent or casual
nature.
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Who is a Work a (contract
laou
r)?A work an shall be dee ed to be e ployed
as "contract labour" in or in connection with
the work of an establishment when he is hired in or
In connection with such work by or through a
contractor, with or without the knowledge of the
principal employer;
A workman is Any person employed in or inconnection with the work of any establishment
to do any skilled or semi-skilled or unskilled, manual, supervisory, technical or clerical work
f or hire or reward whether the terms of the
employment be expressed or implied but does
not include:
a. Persons employed mainly in a managerial or
administrative capacity
b. Persons being employed in a supervisory capacity
draws wages exceeding Rs.500/ per month.
c. An out worker.[Section 2 (i)]
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Registration of Establishments, Licensing of
Contractors & Revocation Establishment to be registered as principle employer with the appropriate authorities
Every contractor required to obtain a license and not to execute or undertake any work through contract
labour except under and in accordance with the license issued by the licensing officer
License issued is subject to conditions as to hours of work, fixation of wages and other essential amenities
as laid in the rules
Revocation, suspension and amendment of licences.-
(1) If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that--
(a) a licence granted under section 12 has been obtained by misrepresentation or suppression of any
material fact, or
(b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to
which the licence has been granted or has contravened any of the provisions of this Act or the rules made
thereunder, then,without prejudice to any other penalty to which the holder of the licence may be liable
under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing
cause, revoke
or
suspend
the
licence
or
forfeit
the
sum,
if
any,
or
any
portion
thereof
deposited
as
security
for the due performance of the conditions subject to which the licence has been granted.
(2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted
under section 12.
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Payment of ages, elfare and Health of Contract
Labour- To be provided by Contractor
Canteens: Shall be provided by contractor if 100 or
more contract labour provided.
Rest Rooms: herein contract labour is require to
halt at night in connection with the work of an
establishment
Other Facilities: Supply of drinking water, latrines,
urinals & washing facilities
First aid Facilities: Readily accessible equipped with
prescribed contents
Responsibility for payment of wages: The contractor
is required to pay wages and a duty is cast on him to
ensure disbursement of wages in the presence of theauthorised representative of the Principal Employer.
I n cases of failure on the part of the contractor to
provide the above mentioned facilities, the
Principal Employer is liable to provide the same.
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Registers
Principal Employer: To maintain a register of contractor in respect of every establishment in Form XII
Contractor
1. To maintain register of workers for each registered establishment in Form XIII
2. To issue an employment card to each worker in Form XIV
3. To issue service certificate to every workman on his termination in Form XV
4. Maintain Muster Roll and a register of wages in Form XVI & XVII resp and combined in Form
XVIII
5. Maintain a Register of Deductions for damage or loss, Register of Fines and Register of
Advances in Form XX, Form XXI & Form XXII respectively
6. Maintain a Register of Overtime in Form XXIII
7. To issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages.
8. 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
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Penalties and Procedure Obstructions: In the work of inspector result in imprisonment of 3 months or fine of Rs. 500/-
or both
Contravention of provision: Punishable with imprisonment of 3 months or fine of Rs. 1000/- or
both. Additional Rs. 100/- every day in case of continuation
Offences by companies
Laws, Agreement or standing orders inconsistent with the Act-Not Permissible
Unless the privileges in the contract between the parties or more favorable than the prescribed
in the Act, such contract will be invalid and the workers will continue to get more favorable
benefits
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Some Important Cases:
Effect of absence of registration or licence:
Dena Nath v. National Fertilizers Ltd. 1992 IC.L.R. 1 (S.C.)
Held: The contract labour do not become
direct employees of the principal employer. The only consequences provided in the Act in
such circumstances is the penal provision as envisaged under the Act for which reference
may be made to Ss.23 and 25 of the Act.
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Some Important Cases:
Bonus, Gratuity and Wages:
Cominco Binani Zinc Ltd. v. Pappachan 1989 I
CLR 151 (Ker. H.C).Held: The wages due to the workmen does
not include Bonus or Gratuity. While defining
the term wages, the Industrial Disputes Act
and Payment of Wages Act specifically
excludes bonus and gratuity from its purview.
The petitioner is therefore liable to pay arrears
of wages and nothing more.
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Other Important Cases:
Equal Wages to Contract Labour:
Investigating and Security Services (India) (P)Ltd. v. Commissioner of Labour 1996 I LLJ 1049(A.P. D.B.).
Liability of new contractor:
Bijli Mazdoor Panchayat v. State of Gujarat
1996 II CLR 721 (Guj. H.C.) Direct employees if canteen is statutory
Hari Shankar Sharma v. M/s. Artificial Limbs
Manufacturing Corporation of India 1997 IIC.L.R. 631 All. H.C. .
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