Contract_labour_act.ppt
- 1. Contract Labour (Regulation & Abolition) Act, 1970 Objective of this act is To regulate the contract labour and abolish it in certain cases.
- 2. Applicability • Every industry engaging 20 or more workers on contract basis. • Every contractor engaging 20 or more workers.
- 3. Act does not apply to: • Intermittent nature • Work not perform for more than 120 days • Seasonal nature • Work in SEZ
- 4. Definitions • “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 manufacture to such establishment, through contract labor or who supplies contract labor for any work of the establishment and includes a sub- contractor. • “CONTRACT LABOR" 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. • “PRINCIPAL EMPLOYER“ in relation to any office or department of the government or a local authority, the head of that office or department or such other officer as the government or the local authority as the case may be, may specify in this behalf.
- 5. Provisions • 1)Registration Of Establishments Employing Contract Labour. • 2) Licensing Of Contractors. • 3)Welfare And Health Of Contract Labour. • 4)Penalties And Procedure. • 5) Miscellaneous. PROVISIONS OF CONTRACT LABOUR ACT 1970
- 11. Registration Of Establishments Employing Contract Labour 1)Appointment of registering officers: The appropriate government may, by an order notified in the Official Gazette- (a) appoint such persons, being Gazette Officers of government, as it thinks fit to be registering officers for the purpose of this chapter; and (b) (b) define the limits, with in which a registering officer shall exercise the powers conferred on him by or under this Act. 2)Registration of certain establishments: 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 establishment generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment. .
- 12. 2) If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed. 3)Revocation of registration in certain cases: If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate government, revoke the registration.
- 13. Licensing Of Contractors 1)Appointment of licensing officers The appropriate government may, by an order notified in the Official Gazette- (a) appoint such person, being Gazetted Officers of government, as it thinks fit to be licensing officers for the purposes of this chapter; and (b) define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act. 2)Licensing of contractors 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 labor except under and in accordance with a license issued in that behalf by the licensing officer. 2) Subject to the provisions of this Act, a license under sub-section may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labor as the appropriate government may deem fit to impose in accordance with the rules
- 14. 3)Grant of licenses 1) Every application for the grant of license under sub-section (1) of section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labor is to be employed and such other particulars as may be prescribed. 2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed.
- 15. Provisions for temporary registration & license • For work of immediate nature Principal employer/ Contractor can apply for temporary registration/ license which is valid up to 15 days only.
- 16. Obligation of Principal employer • Register of contractors Form XII • Annual return Form XXV (on or before 15th Feb) • Notice of Commencement/ Form VI B Completion
- 17. Obligation of Contractor • Renewal of license Form VII • Register of workman Form XIII • Employment Card Form XIV • Service Certificate Form XV • Muster Roll Form XVI • Wages register Form XVII • Wage slip Form XIX
- 18. Contd…… • Deduction for damage/loss Form XX • Register of fines Form XXI • Register of advances Form XXII • Register of over-time Form XXIII • Half yearly return Form XXIV • Notice of Commencement Form VI A /Completion
- 19. Welfare Facilities • Canteen Section 16 • Rest rooms Section 17 • Urinals, Latrines Drinking Facilities Section 18 • First Aid Facilities Section 19 • Principal employer will have to provide these facilities if not provided by contractor.
- 20. Welfare And Health Of Contract Labour 1)Canteens : • • a) wherein work requiring employment of contract labor is likely to continue for such period as may be prescribed, and • • b) wherein contract labor numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labor. 2)Rest-rooms: • (1) In every place where in contract labor is required to halt at night in connection within the work of an establishment- (a) to which this Act applies, and (b) in which work requiring employment of contract labor is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of the contract labor such number of rest-rooms or such other suitable alternative accommodation with such time as may be prescribed.
- 21. • (2) The rest-rooms or the alternative accommodation to be provided under subsection (1) shall be sufficiently lighted and ventilated and shall be maintained in clean and comfortable condition. 3)First-aid facilities There shall be provided and maintained by the contractor so as to be readily accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labor is employed by him. 4)Other Facilities (a) a sufficient supply of wholesome drinking-water for the contract labor at convenient places; (b) a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labor in the establishment; and (c) washing facilities.
- 22. Responsibility for payment of wages (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labor and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor or ensure the disbursement of wages in the presence of the authorized representative of the principal employer.
- 23. Penalties And Procedure 1)Contravention of provisions regarding employment of contract labor: Whoever contravenes any provision of this Act or of any rules made there under prohibiting, restricting or regulating the employment of contract labor, or contravenes any condition of a license 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 which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. 2)Other offences If any person contravenes any of the provisions of this Act or of any rules made there under for which no other penalty is elsewhere provided, he 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.
- 24. Offences by companies • 1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. PROVIDED that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
- 25. Applicability of other Act Persons cover under this act will be covered under: • Factory Act, 1948 • Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 • Employees’ State Insurance Act, 1948 / Workmen Compensation Act, 1923 • Payment of Bonus Act, 1965 • Minimum Wages Act, 1948 • Payment of Wages Act, 1936