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REGISTRATION OF PRINCIPAL EMPLOYER’S ESTABLISHMENT UNDER PROVISION OF THE CONTRACTS LABOUR (REGULATION & ABOLITION) AC T,1970 AND CORRESSPONDING NAGALAND CONTRACT LABOUR (R&A) RULE, 2000.

PROCEDURE OF MAKING APPLICATION FOR REGISTRATION OF ESTABLISHMENTS/FIRMS:

1. Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for the registration of the establishment. Section 7 (1) The Contract Labour (Regulation & Abolition) Act,1970.

2. The application referred to in Sub-Section (1) of Section 7 shall be made in Form-I to the Registering Officer (i.e Assistant Labour Commissioner) of the area in which the establishment sought to be registered is located and shall contain the particulars specified in Sub-Rule (2) of Rule 19.

3. Location of the Establishment/Firm sought to be registered and all particulars specified in Form-I have to be duly filled in along with signature and seal of the Principal Employer.

4. Depending upon the no. of workmen employed the contractor has to provide the details for each workmen employed by him separately in the Format enclosed, “PARTICULARS OF WORKMEN EMPLOYED BY CONTRACTOR”.

5. The application referred to in Sub-Rule (1) of Section 17 shall be accompanied by a treasury receipt showing payment of the fees for the registration of the establishment. at the rates specified in the Rule 26 (1)

6. Every application referred to in Sub-Rule (1) of Section 17 shall be either personally delivered to the Registering Officer or sent to him by registered post.

7. On receipt of the application referred to in Sub-Rule (1) of Section 17, the Registering Officer shall after noting thereon the date of receipt by him of the application, grant an acknowledgment to the applicant.

8. If the application for registration is complete in all respects, the registering officer will register the establishment/firm and issue to the principal employer of the establishment a certificate of registration in Form-II .

9. Fees payable for Amendment of Certificate of Registration under Rule 20 (4) will be Rs. 100/- 10. The application for grant of a Duplicate Certificate of Registration shall be accompanied by a

Treasury receipt as per the prescribed fee. 11. The application for a Temporary Certificate of Registration shall be in Form-VIII and

accompanied by a Treasury receipt as per the prescribed fee. 12. All fees to be paid shall be credited to the Government Treasury under the ‘Head of Account’

“0230 – L&E”.

Note: 1. The Registration fee is fixed depending upon the no. of workmen employed by the contractor. 2. Fees for Registration, Amendment of certificate of Registration under Rules 24, 26, 32, 20 and 28 as appended in Schedules I to VI.

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LIST OF DOCUMENTS REQUIRED FOR REGISTRATION OF PRIN CIPAL EMPLOYER’S ESTABLISHMENT/FIRM:

1. Form-I 2. PARTICULARS OF WORKMEN EMPLOYED BY CONTRACTOR, separately for each no. of

workmen employed. 3. Passport size photos of the workmen. 4. Treasury Challan in original for deposit of Registration fee. 5. If there is a change in the Certificate of Registration, an Amendment fee of Rs. 100/- is to be

deposited. 6. Application for grant of duplicate registration certificate shall be accompanied by a Treasury

Challan in original for deposit of a Duplicate Registration fee. 7. Application for Temporary Registration in Form-VIII along with Treasury Challan in original for

deposit of a Temporary Registration fee.

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FORM-I

[ See Rule 17 (1) ]

Application for Registration of Establishment 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 the establishment :-

5. Nature of work carried on in the establishment :-

6. Total number of workmen directly employed :-

7. Particulars of contractors and contract Labour :-

(a).Name and address of contractors :- (b).Nature of work in which contract Labour is employed or is to be employed :- (c).Maximum number of contract to be employed on any day through each contractor :-

8. Particulars of Treasury Receipt enclosed (Name of the Treasury, Amount & Date) :- I hereby declared that particulars given above are true to the best of my knowledge and

belief.

PRINCIPAL EMPLOYER Seal and Stamp.

Office of the Registering Officer.

Date of receipt of application.

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PARTICULARS OF WORKMEN EMPLOYED BY CONTRACTOR .

The workman should sign/thumb impression across the photograph.

1. Name of the workman :…………………………………………………………………………

2. Age :…………………………………………………………………………

3. Sex :…………………………………………………………………………

4. Father’s/husband’s name :…………………………………………………………………………..

5. Permanent home address :………………………………………………………………………….. (village, district) …………………………………………………………………………… 6. Police station (Home address) :……………………………………………………………………………

:……………………………………………………………………………

7. Present address with Police station :……………………………………………………………………………

:……………………………………………………………………………

8. Nature of employment :……………………………………………………………………………

9. Designation of the workman :……………………………………………………………………………

10. Wage of the workman :……………………………………………………………………………

(a) Daily wage ( ` ) :……………………………………………………………………………

(b) Monthly wage ( ̀ ) :…………………………………………………………………………….

11. Date of commencement of employment :……………………………………………………………………………

12. Date of termination of employment :…………………………………………………………………………...

13. Name & address of the contractor :…………………………………………………………………………….

With contact No. ……………………………………………………………………………..

14. Name & address of the establishment :…………………………………………………………………………… under which the workman has to work …………………………………………………………………………….

DECLARATION:

I, ………………………………………………………………………….. hereby declare that the particulars given above are true and correct to the best of my knowledge and belief. Signature/thumb impression of the workman.

Signature of the contractor.

Name :……………………………………….. Date :………………………………………... (seal of establishment/firm)

Passport Photo

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FORM-VIII [See rule 32 (2)]

Application for Temporary Registration of Establishment 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 :

to be employed and reasons of urgency B. Maximum number of Contract Labour to :

be employed on any day C. Estimate date of termination of :

employment of Contract Labour

7. Particulars of treasury receipt or the Crossed Postal 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 Treasury Receipt or the Crossed Postal Order.

Office of the Registering Officer.

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FORM-II (See rule 18 (I)

Certificate of Registration

No. Date:

Government of Nagaland 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. Name and address of the establishment:

2. Nature of work carried on in the establishment:

3. Names and address of Contractor:

4. Nature of work in which Contract Labour is employed or is to be employed:

5. Maximum number of Contract Labour to be employed on any day through each contractor:

6. Other particulars relevant to the employer of Contract Labour:

Signature of Registering Officer (with seal)

Note: The above Certificate of Registration granted under Sub-Section (2) of Section 7 in Form-II will

be issued by the Registering Officer only after receiving the application for Registration of Establishment Employing Contract Labour in Form-I along with other relevant documents prescribed.

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LICENSE & RENEWAL OF LICENSE CERTIFICATE FOR CONTRA CTORS UNDER PROVISION OF THE CONTRACT LABOUR (REGULATION & ABOL ITION) ACT,1970.

PROCEDURE OF MAKING APPLICATION FOR A LICENSE:

1. With effect from such date as the appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour except under and in accordance with a license issued in that behalf by the licensing officer. Section 12(1) The Contract Labour (Regulation & Abolition) Act,1970.

2. Every application by a Contractor for the grant of a license shall be made in Form-IV to the Licensing Officer (i.e Assistant Labour Commissioner) of the area in which the establishment, in relation to which he is the contractor, is located.

3. All relevant particulars specified in Form-IV have to be duly filled in along with signature and seal of the Contractor .

4. 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 employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made there under in so far as the provision are applicable to him as Principal Employer in respect of the employment of Contract Labour by the applicant.

5. Every application referred to in Sub-Rule (1) of Section 21, shall also be accompanied by a treasury receipt showing:- (i) The deposit of the security at the rates specified in Rule 24, and (ii) The payment of the fees at the rates specified in the Rule 26 (2)

6. Every application shall either be personally delivered to the Licensing Officer or sent to him by registered post.

7. On receipt of the application referred to in Sub-Rule (1) of Section 21, the Licensing Officer shall, after noting thereon the date of receipt of the application, grant an acknowledgment to the applicant.

8. The licensing officer will make such investigation in respect of the application received under Sub-Rule (1) of Section 21 and in making any such investigation the licensing officer will issue to the contractor a license certificate in Form-VI

9. A License granted shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on conditions as may be prescribed.

10. Fees payable for Amendment of Certificate of License under Rule 28 (3) will be Rs. 100/- 11. The application for grant of a Duplicate Certificate of License shall be accompanied by a Treasury

receipt as per the prescribed fee. 12. The application for a Temporary Certificate of License shall be in Form-X and accompanied by a

Treasury receipt as per the prescribed fee. 13. All fees to be paid shall be credited to the Government Treasury under the ‘Head of Account’

“0230 – L&E”.

Note: 1. The License fee is fixed depending upon the no. of workmen employed by the contractor.

2. Fees for Security deposit, Grant/Renewal of License, Amendment of certificate of License under Rules 24, 26, 32, 20 and 28 as appended in Schedules I to VI.

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LIST OF DOCUMENTS REQUIRED FOR LICENSE:

1. Form IV 2. Original Registration Certificate issued in Form-II 3. Certificate of the Principal Employer in Form V 4. Treasury Challan in original for deposit of License fee. 5. Treasury Challan in original for deposit of Security deposit. 6. If there is a change in the Certificate of License, an Amendment fee of Rs. 100/- is to be

deposited. 7. Application for grant of duplicate license certificate shall be accompanied by a Treasury Challan

in original for deposit of a duplicate license fee. 8. Application for temporary license in Form-X along with treasury challan in original for deposit of

a temporary license fee.

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FORM IV See Rule 21 (1)

Application of License.

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. Particular of contract labour: (a). Nature of work in which contract labour is employed or is to be employed in the

establishment:

(b). Duration of the proposed contract work (give particulars of proposed date of commencing and ending):

(c). Name and address of the agent or Manager of Contractor at the work side:

(d). Maximium 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 of 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. Establishment and nature of work: 8. Whether a certificate by the Principal Employer in form V is enclosed: 9. Amount of license fee paid No. of Treasury Challan and date: 10. Amount of security deposit Treasury Receipt No. and date:

Declaration: I hereby declare that the details given above are correct to the best of my knowledge and belief.

Place:- Signature of the applicant (Contractor) Date:-

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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 and Abolition) Act,1970 and the Nagaland Contract Labour (Regulation and Abolition) Rules 2000 in so far as the provisions are applicable to me in respect of the employment of contract by the applicant in my establishment. Place: Signature of the Principal Employer Date: Name & Address of Establishment ……………………………………….. ……………………………………….. ………………………………………..

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FORM –VI (See rule 25 (1))

GOVERNMENT OF NAGALAND Office of the Licensing Officer.

License No. Dated. Fee paid Rs.

LICENSE

License is hereby granted to ………………………………………………………………………….. Under section 12 (1) of the Contract Labour (Regulation & Abolition) Act,1970, subject to the condition specified in *Annexure. The License shall remain in force till: Date: Signature and Seal of the

Licensing Officer.

RENEWAL (rule 29)

Date of Renewal Fee paid for renewal Date of Expiry

1. 2. 3. 4. 5. Date: Signature and seal of the

Licensing Officer.

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*ANNEXURE

The License is subject to the following conditions:

1. The License shall be non transferable. 2. The number of workmen employed as Contract Labour in the establishment shall not, on any date,

exceed………………………………………………. 3. Except as provided in the rules the fees paid for the grant or,as the case may be, for renewal of the

license shall be non-refundable. 4. The rate of wages payable to the workmen by the contractor shall not be less than the rate

prescribed for the Schedule of employment under Minimum Wages Act, 1948 where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.

5. In case where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work; provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Commissioner of Labour whose decision shall be final.

6. In other cases the wage rates, holiday, 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 Commissioner of Labour.

7. In every establishment where 20 or more women are ordinarily employed as Contract Labour, there shall be provided 2 rooms of reasonable dimension for the use of their children under the age of six years. One such room would be used as a play room for the children and the other as the bed room for the children. For this purpose the contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and 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 Commissioner of Labour.

8. The contractor shall notify any change in the number of workmen or the conditions of work to the Licensing Officer.

NOTE: The above Certificate of License granted under Rule 23 in Form-VI will be issued by the

Licensing Officer only after receiving the application of License in Form-IV along with other relevant documents prescribed.

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FORM-X

[See rule 32 (2)]

Application for Temporary License

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 particular of site, 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 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 license 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, Establishment and nature of work.

8. Amount of security fee paid-No. of Treasury Challan or the crossed Postal Order and date.

9. Amount of security deposit, Treasury Receipt or the crossed Postal Order No. and date.

Place: Signature of the Applicant Date : (Contractor)

(To be filled in the office of the Licensing Officer) Date of receipt of the application with challan for fee/security Deposit.

Signature of the Licensing Officer.

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PROCEDURE OF MAKING APPLICATION FOR RENEWAL OF LICE NSE:

1. A License granted shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on conditions as may be prescribed.

2. Every contractor shall apply to the Licensing officer for renewal of the license, before its validity expires.

3. Every such application shall be in Form VII and shall be made not less than 30 (thirty) days before the date on which the license expires, and if the application is so made, the license shall be deemed to have been renewed until such date when the renewed license is issued.

4. Original license certificate in Form-VI issued by the licensing officer during the grant of license is required for renewal of a License.

5. The fees chargeable for renewal of license shall be of the fee ordinarily payable for the grand thereof:

Provided that if the application for renewal is not received within the time specified in Sub-Rule (2) of Section 29, a fee of 50 percent in excess of the fee ordinarily payable for such renewal.

6. Fees payable for Amendment of Certificate of License under Rule 28 (3) will be Rs. 100/-. 7. All fees to be paid shall be credited to the Government Treasury under the ‘Head of Account’

“0230 – L&E”.

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LIST OF DOCUMENTS REQUIRED FOR RENEWAL OF LICENSE:

1. Form-VII 2. Original License Certificate (Form-VI ) 3. Treasury Challan in original for deposit of Renewal fee. 4. If there is a change in the Certificate of License, an Amendment fee of Rs. 100/- is to be

deposited.

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FORM –VII

[See rule 29 (2)]

Application for Renewal of License

1. Name and address of the contractor ……………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………..

2. Number and date of the license …………………………………………………………………………………………………..

3. Date of expiry of the previous license ………………………………………………………………………………………….

4. Particulars of Contract Labour:-

(a) Nature of work in which Contract Labour is employed or is to be to employed in the

establishment …………………………………………………………………………………………………………………………

(b) Name and address of the Agent or Manager of Contractor at the work site …………………………..

………………………………………………………………………………………………………………………………………………..

(c) Duration of the proposed contract work (give particular of the proposed date of commencing

and ending) …………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………..

(d) Maximum number of Contract Labour proposed to be employed in the establishment on any

date ………………………………………………………………………………………………………………………………………..

5. Whether the license of the contractor was suspended or revoked ………………………………………………

6. No. and date of the treasury receipt enclosed ……………………………………………………………………………..

Date: Signature of the applicant.

To be filled in office of the Licensing Officer Date of receipt of the application ……………………………. with Treasury Receipt No. and date …………………………. ………………………………………………………………...

Signature of the Licensing Officer.

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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 contractor’s establishment had worked :

6. Maximum number of contract labour employed or 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 deduction from wages, if any : Men Women Children Total

11. Whether the following have been provided : (i) Canteen (ii) Rest Rooms (iii) Drinking Water (iv) Creches (v) First Aid (If the answer is ‘Yes’ state briefly standards provided). Place: Date : Signature of Contractor. Note: Submission of Returns: Every contractor shall send half yearly return in Form XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year.

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FORM-XXV (See Rule 82 (2)

Annual Returns of Principal Employer to be sent to the Registering Officer.

Year ending 31st Dcember…………………

1. Full name and address of the Principal Employer :

2. Name of Establishment :

(a) District :

(b) Postal Address :

(c) 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 contractor who worked in the establishment during the year (give details in annexure) :

5. Nature of work/operation 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 :

Place : Date : Principal Employer

Note: Submission of Returns: 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 then 10th February following the end of the year to which it relates.