GOVERNMENT OF GOA, DAMAN AND DIU

Office of the Commissioner Labour and Employment, Panaji

Abstract of the Contract Labour (Regulation and Abolition) Act,1970 and the Goa, Daman and Diu Contract Labour (Regulation and

Abolition) Rules; 1972

I. Extent of the ActThe Act extends to the whole of India.The act does not take away the rights/benfits of any workmen who by terms of any agreement or contract or standing orders are enjoying or can obtain or are entitled to more favorable conditions of serviceor from entering into such agreements etc. entitling then to more favorable benfits than provided under the Act (Section 30)

II. To Whom the act applies:i. The Act applies to every establishment in which 20 or more

workmen are employed or were employed on any day of the preceeding 122 months as Contract Labour and to every contractor who employed on any day of the preceeding 12 months, 20 or more workmen.

ii. The establishment in which work of intermittent or casual nature is performed do not come within the purview of the Act. However in establishments wherein work is performed for 120 days or more in the preceeding 12 months or more than 60 days in a year of a sesonal character wil not be deemed as carrying out the work of intermittent nature

III. Definitions(i) Apprropriate Government means:-

1. Central Govt. in relation toa)Any establishment pertaining to any industry carried

on by or under the authority of the Central Governmet, or pertaining to any such controlled industry as may be specified by the Central Government; or

b) Any establishment of any railway, cantonment Board major port,mine or oil field or

c)Any establshment of a banking or insurance company, the Central Govt.

2. In relation to any other establishment the Government of the state in which the establishment is situated

(ii) Estalishment: - Any office or department of the Government or local authority or any place where any industry, trade business, maufacture or occupation is carried on

(iii) Principal Employer meand :- 1. In relation to any office or department of the government or

local authority, the head of that office or department or such other officer specified in this behalf by the Government or Local Authority

2. In the case of a factory, the owner or occupier and where a person has been named as the manager of the factory,the person so named

3. In a mine, the owner or agent of the mine and where a person has been named as the manager of the min, the person so named

4. In any other establishment, any person responsible for the supervision and control of the establisment

(iv) Contractor in relation to an establishment means a person who undertakes to produce a given result for the establishment other than a mere supply of goods or articles of manufacturing to such establishment through contract labour or who supplies contractor labour for any work of the establshment includes a sub-contractor

(v) “Contract Labour”:- A workman shall be deemed to be employed as contract labour in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor with or without the knowledge of the Principal employer.

(vi) “Workmen”:-means any person employed in or in connection with the work of any establishment to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward whether the terms of employment be express or implied but does not include

A person employed mainly in managerial or administrative capacity or employed in supervisory capacity and is drawing wages exceeding Rs 500/- per month or exercising functions mainly of a managerial nature and an out-worker who performs any work on behalf of the principal employer in premises which are not under the control and management of principal employer.

V. Advisory BoardThe Appropriate Government shall constitue the Advisory Board to advise the government on matters connected with the admnistration of the act.Machinery for the enforcement of the Act/Rules in state sphereThe Assistant Labour Commissioner, Panaji has been appointed as registering and Licensing Officer and the Commissioner, Labour and

Employment as Appellate Officer and Labour Inspectors have been appointed as Inspectors under the Act.

VI. RegistrationEvery principal employer of an establishment has to obtain a certificate for his establishment from the Registering Officer of the area in which his establishment is located, on payment of the fees specifies for the purpose. The certificate of registration can be revoked if it is found that the certificate has been obtained by mis representation or suppression of any materialfact or that for any other reason the registration has become useless or ineffective.

VII. Effect of non-registration:No principal employer of an establishment can employ Contract Labour if his establishment has not been registered or after revocation of his registration

VIII. Prohibition of Employment of Contract Labour:The appropriate Government may after consultation with the State Advisory Board prohibit by notification in the Official Gazette employment of contract labour in any process, operationor other such work in any establishment. Before issuing such notification the appropriate Government shall examine the condition of work or benefits provided for the contract labourin that establishment and other relevant factors.

IX. Licensing of Conractorsa. With effect from such date as notified by the appropriate

Government, no contractor to whom this act applies shall undertake or execute any woork through contract labour except under an in accordance with a licence issued in that behalf by the Licensing Officer.

b. Subject to the other provisions of the Act, a lcence shall be issued on payment of such fees and on the deposit of such sum,as security for the due permonance of the condition of the licence and compliance with the prvisions of the Act or the rules made thereunder. The security Deposit shall be calculated at the rate of which the application has been made, subject however that where the contractor is a cooperative societ, the amount to be depoisted as security shall be calculated at the rate of Rs. 5/- (Rupees five only) for each of the workmen to be employed as Contract labour:

i. That licence shall be non-tracnsferable.

ii. That the maximum number of workers that can be employed as contract labour in that establishment along with other particulars such as rates of wages payable, hours of work and service conditions of the workmen shall not exceed the maximum specified with licence or specified in this behalf by the Labour Commissioner.

c. That in an establishment where 20 or more workmen are ordinarily employed as contract labour the contractor shal provide two rooms of reasonable dimensions for use as creches and supply toys, games, beddings and cots for the use of their children

The lcence is valid for 12 monthsand on payment of present prescribed fees it can be renewed and an application for renewal of licence should be made not less than sixty days before the date on which the licence issued expires. A licence can be revoked incase it has been obtained hrough mis-representation or suppression of any material fact or the holder of licence has without reasonable cause failed to comply with the conditions subject to which has been granted or has contravened any of the provisions of the Act. Any person aggrieved by an order made under the relevant section of the Act, may perfer an appeal within 30 days from the date of the order.

X. Welfare Health1. It is the responsibility of the contractor to provide canteen, rest,

shelter, drinking water, latrines, urinals, washing facilities and first-aid boxes of the following scales, within the prescribed time lmit shown against each of the welfare/health amenities:-

Welfare/health amenities Conditions / Scales Time Limit

Canteen Where employment of contract labour is likely to continue for 6months and the number of contract labour employed is 100 or more anaequate canteen has to be set up and run as specified in the rules

In case of existing establishments within 60 days from the date the Rules ome into force i.e. 14-2-74, and within 60 days of the commencement of the employment of contract labour in case of new establishmen.

2. If any amenity required to be provided for the benefit of the contract labour employed is not provided by the contractor within the time prescribed therefore such amenity shall be provided by the principal employer with such time as may be prescribed and all expenses incurred may be recovered from the contractor.

3. Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of inspectors having jurisdiction and date of payment of unpaid wages, shall be displayed

in english and in Hindi and in the local languages understood by the majority of the workers by the prinicpal employer or contractoror as the case may be.

XIV. Returns Every contractor shall send an half yearly return In Form XX (in duplicate)

to the Licensing Officer so as to reach not latere than 30 days from the close of the half year and every prinicpal employer shall sen annual returnin Form XXV 9in duplicate) to the registering Officer so as to reachnot later than 15 February, following the end of the year.

Note: Half year means a period of 6 months from 1st January to 1st July of every year.

XV. PowersThe Board, Committee Labour Commissioner or the Inspector or any other authority under the act shall have powers to call for any information in relation to contract laour from any principal employer or contractor at any time by order in writing.

XVI. Penalties for offences:

(i) Whoever who obstructs an Inspector in discharge of his duties or refuses or wilfully neglects to afford the Inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under the Act, in relation to all establishment to which , or a contractor to whom the Act applies shall be punishable with imprisonment three months or with fine which may extend to five hundred or with both. The same punishment will be applicable to an person who willfully refuses to produce any required document or any register kept under this Act or prevents or attempts to prevent or does anything which the inspector has reason to believe is likely to prevet any person appearing before or being examined by him.

(ii) Any person who contravens any provisions of this Act or Rules prohibiting, restricting or regulating the employment of contract labour or contravenes any conditions or a licence granted under this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand Rupees or with both, and in the case of a continuing contravention with an additional fine of Rupees One Hundred for every day during which such contravention continues after conviction for the first such contravention.

(iii) Every person who contravenes any of the provisions of the Act or Rules for which no other penaly is elsewhere provided shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

XVII. Offences byy CompaniesIf the person committing an offence under this Act is a company, the

company as well as every person wo is incharge of and responsible to the companyfor the conduct of its business, at the time of commission of the offence and shall be liable for the proceedings under the act.

XVIII. Powers of Inspectors:

An inspector under the Act may:-(a) Enter at all reasonable hours, with such assistance as necessarry any

premises or place where contract labour is employed for the purpose of examining any register or record or notices required to be kept or exhibited by or under tis Act or Rules made thereafter and require the production thereof for inspection;

(b) Examine any person whom he finds in any such premises or place and who he has reasonable cause to believe , is a workman eployed therein;

(c) Require any person giving out work and any workman, to give any information which is in his power to give with respect to the names and addresses of the persons to, for and from whom the work is given out or received and with respect to the payments made for the work;

(d) Seize to take copies of such registers records of wages or notices.etc. which he may consider relevant in respect of an offence under this Act, which he has reason to believe has been committed by the principal employer or contractor;

(e) Exercise such other powers as may be prescribed.

Sd/-

(G.F.LALCHANDANI)Commissioner,

Labour and Employment(File No. CLE/CL/(14)/78)

Price 0.40Ps.

Govt.Ptg. Press, Panaji-Goa-52/1.000-----6/1978