CONTRACT LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 1971

 

CONTENTS

CHAPTER 1

 

1.         Short title and commencement

 

2.         Definitions

CHAPTER II

CENTRAL BOARD

 

          3.

 

4.         Terms of office

 

5.         Resignation

 

6.         Cessation of membership

 

7.         Disqualification for membership

 

8.         Removal from membership

 

9.         Vacancy

 

10.       Staff

 

11.       Allowances of members

 

12.       Disposal of business

 

13.       Meetings

 

14.       Notice of meeting and list of business

 

15.       Quorum

 

16.       Committees of the Board

 

CHAPTER III

REGULATION AND LICENSING

 

17.       Manner of making application for registration of establishment

 

18.       Grant o certificate o registration

 

19.       Circumstances in which application for registration may be rejected

 

20.       Amendment of certain certificate of registration

 

21.       Application for a licence

 

22.       Matters to be taken into account in granting or raising a licence

 

23.       Refusal to grant licence

 

24.       Security

 

25.       Forms and terms and conditions of licence

 

26.       Fees

 

27.       Validity of the licence

 

28.       Amendment of the licence

 

29.       Renewal of licence

 

30.       Issue of duplicate certificate of registration or licence

 

31.       Refund of security

 

32.       Grant of temporary certificate of registration and licence

 

CHAPTER IV

APPEALS AND PROCEDURE

 

33.

 

34.

 

35.

 

36.

 

37.

 

38.       Payment of fees

 

39.       Copies

 

CHAPTER V

WELFARE AND HEALTH OF CONTRACT LABOUR

 

40.

 

41.       Rest-rooms

 

42.       Canteens

 

43.

 

44.

 

45.

 

46.

 

47.

 

48.

 

49.

 

50.

 

51.       Latrines and urinals

 

52.

 

53.

 

54.

 

55.

 

56.

 

57.       Washing facilities

 

58.       First-aid facilities

 

59.

 

60.

 

61.

 

62.

 

CHAPTER VI

WAGES

 

63.

 

64.

 

65.

 

66.

 

67.

 

68.

 

69.

 

70.

 

71.

 

72.

 

73.

CHAPTER VII

REGISTERS AND RECORDS AND COLLECTION

OF STATISTICS

 

74.       Register of contracts

 

75.       Register of persons employed

 

76.       Employment card

 

77.       Service certificate

 

78.       Muster roll, wages register, deduction register and overtime register

 

79.

 

80.

 

81.

 

82.

 

83.

FORM I

 

FORM II

 

FORM III

 

FORM IV

 

FORM V

 

FORM V-A

 

FORM VI

 

ANNEXURE

 

FORM VI-A

 

FORM VI-B

 

FORM VII

 

FORM VIII

 

FORM IX

 

FORM X

 

FORM XI

 

ANNEXURE

 

FORM XII

 

FORM XIII

 

FORM XIV

 

FORM XV

 

FORM XVI

 

FORM XVII

 

FORM XVIII

 

            FORM XIX

 

FORM XX

 

FORM XXI

 

FORM XXII


FORM XXIII

 

FORM XXIV

 

FORM XXV

 

ANNEXURE TO FORM

 

ANNEXURE “A”

 

APPENDIX II

 

FORM A

 

FORM B

 

CONTRACT LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 1971

 

G.S.R. 191, dated 1st February, 1971.1-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 having been previously Published as required by the said section, namely:

 

1.         Published in the Gazette of India, Extraordinary, Pt.  II, Sec. 3 (i), dated 10th February, 1971.

 

CHAPTER I

 

1.         Short title and commencement. -

 

(1)        These rules may be called the Contract Labour (Regulation and Abolition) Central Rules, 1971.

 

(2)        They shall come into force on the date 1 of their publication in the Official Gazette.

 

1.         W.e.f. 10th February 1971.

 

 

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;

 

(f)         “Form” means a form appended to these rules;

 

(g)        “Section” means a section of the Act.

 

CHAPTER II

CENTRAL BOARD

 

3.         The Board shall consist of following members:

 

(a)        A Chairman to be appointed by the Central Government;

 

(b)        The Chief Labour Commissioner (Central), ex offico;

 

(c)        1Three persons representing the Central Government to be appointed by that Government form amongst its officials;

 

(d)        2[Two persons] representing the railways, to be appointed by the Central Government after consultation with the Railways Board;

 

(e)        3 [Five persons] representing the employers of coal-mines 2[two persons representing the employers in other mines] and two persons representing contractors to whom the Act applies to be appointed by the Ventral Government after consultations with such organisation, if any of the employers and the contractors as may be recognised any the Ventral Government.

 

(f)         3[Seven persons, 2 [two] representing the employees in the Railways, one representing the employees in the coal-mines, 2 [two representing the employees in the other mines,] and two representing the employees or contractors to whom the Act applies, be appointed by the Central Government after consultations with such organisations if any, of employees representing the respective interest as may be recognised by the Central Government.

 

1.         Subs. for 'one person' by G.S.R. 305-(E), dated 7th June, 1991.

2.         Subs. by Central (Amendment) Act, 1971.

3.         Subs. by G.S.R. 598, dated 23rd May, 1973.

 

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 in the Official Gazette.

 

(2)        Each of the members referred to in Cls. (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 rule 3 shall hold office as such for a period of three years commencing form 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, notwithstanding the expiry of said period of his office, continue to hold such office until the appointment of his successor had been notified in the Official Gazette.

           

(4)        If a member is unable to attend the meeting of the Board, the Central Government or the body which appointed or nominated him may, by notice in writing signed on its behalf and by such member and addressed to the Chairman of the Board, nominate a substitute in his place to attend the meeting and such a substitute member shall have all rights of a member in respect of that meeting and any decision taken at the meeting shall be binding on the said body.

 

1[5.       Resignation. -

             

(1)        Member of the Board not being 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 letter of resignation by that Government, whichever is earlier.

 

1.         Subs. by G.S.R. 520, dated 10th May, 1974.

 

6.         Cessation of membership. - If any member of the Board, not being an ex offico member, fails 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 of 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 re-appointment, 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

 

(iii)       If he has been or is convicted of an offence which, in the opinion of the Central Government, involves moral turpitude.

 

(2)        Question arises as to whether a disqualification has been incurred under sub-rule (1), the Central Government shall decide the same.

 

8.         Removal from membership. -The Central Government may remove from office any member of the Board, if in its opinion such as 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.

 

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 person 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)        (i)        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 decision taken at the meetings of the Board.

 

11.       Allowances of members. -

 

(1)        The travelling 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 travelling allowances for attending the meeting of the Board at such rate as are admissible to Grade I Officers of the Central Government and daily allowances shall be calculated at the maximum rate admissible to Grade I Officers of the Central Government in their respective places.

 

12.       Disposal of business. -Every question which the Board is required to take into consideration shall be considered at the 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 casting vote.

 

Explanation. -”Chairman” for the purpose of this rule shall include the Chairman nominated under rule 13 to preside over the meeting.

 

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 meetings.

 

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 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 the constituting Committee the Board may nominate one of its members to be the Chairman of the Committee.

 

1[(2)     (i)         The Committee shall meet at such times and places as the Chairman of the said Committee may decide.

 

(ii)        The provision of rules 12, 13(2), 14 and 15 shall apply to the Committee for transaction of the business at its meeting as they apply to the Board, subject to the modification that the quorum specified in rule 15 shall be “one-third of the members” instead of “five members”]

 

(3)        The provisions of rule 11 shall apply to the members of the Committee for attending the meeting of the Committee as they apply to the members of the Board.

 

1.         Subs by G.S.R. 520, dated 10th May, 1974.

 

CHAPTER III

REGULATION AND LICENSING

 

17.       Manner of making application for registration of establishment. -

 

(1)        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 1[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.         Subs. by G.S.R. 657 dated, 11th August, 1987 (w.e.f. 22nd August, 1987), for the words,

 

18.       Grant o certificate o registration. -

 

(1)        The certificate of registration granted under subsection (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, manufacturer or occupation which is carried on in the establishment;

 

(d)        Such other particulars as may be relevant to the employment of contract labour in the establishment.

 

(3)        The registering officer shall maintain a register in Form III showing the particulars of establishment 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 certificates of registration, the principal employer of the establishment shall intimate to the registering officer, date when such change takes place, the particulars of, change.

 

19.       Circumstances 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 for registration, omits or fails to do so, the registering officer shall reject the application for registration.         

 

(2)        If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the registering officer shall reject the application for registration.

 

20.       Amendment of certain certificate of registration. -

 

(l)         Where, on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount of higher than the amount which has been paid by the principal employer as fees for registration of the establishment is payable, he shall require such principal employer to [pay] 1 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.  

 

(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 shall 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.

 

1.         Subs. by G.S.R. 657, dated 11th August 987 (w.e.f. 22nd August, 1987) for the words “deposit.”

2.         Subs. by ibid, for the words “treasury receipt.”

 

21.       Application for a licence. -

 

(1)        Every application by a contractor for the grant of a licence 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.

 

(2)        Every application for the grant of a licence 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 this Act and the rules made thereunder in so far as 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 sent to him by registered post.

 

(4)        On receipt of the application referred to in sub-rule (1), the licensing officer shall, after noting thereon the date of receipt of the application, grant an acknowledgment to the applicant.

 

(5)        Every application referred to in sub-rule (1) shall also be accompanied by a 1[demand draft] 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 rule 26.

 

1.         Subs. by G.S.R. 657, dated 11th August, 1987 (w.e.f. 22nd August, 1987), for the words “treasury receipt. 

 

22.       Matters to be taken into account in granting or raising a licence. -In granting or refusing the licence, the licensing officer shall take the following matters into account, namely:

 

(a)        Whether the applicant, -

 

(i)         Is a minor; or

 

(ii)        Is of unsound mind and stands so declared by a competent Court; or

 

(iii)       Is an undischarged insolvent, or

 

(iv)       Has been convicted (at any time during a period of five years immediately proceedings the date of application) of an offence which, in the opinion of the Central Government, involves moral turpitude;

 

(b)        Whether there is an order of the appropriate Government or an award or settlement for the abolition of contract labour 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 sub-section (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 at the rates specified in rule 26; and

 

(e)        Whether security has been deposited by the applicant at the rates, specified in rule 24.

 

1 [23.    Refusal to grant licence. - Receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for a licence.]

 

(2)       (i)         Where the licensing officer is of opinion that the 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.

 

1.         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  1[Rs. 90] for each of the workmen to be employed as contract labours, in respect of which the application for licence has been made, shall be deposited b; the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder:

 

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 women to be employed as a contract labour.]

 

3[(l -A)      Where the applicant for licence was holding a licence in regard to another work and the licence has expired, the licensing officer, if he is of the view that any amount out of the security 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 on Form V-A by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the applicant for the new license and the applicant need deposit, in such a case only the balance amount, if any, after making such adjustment.]

 

 4[(2)    The amount of security of 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).”

 

1.         Subs.  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 July, 1978.

4.         Subs. by ibid.

 

25.       Forms and terms and conditions of licence. -

 

(l)         Every licence granted under sub-section (1) of Sec. 12 shall be in the Form VI.

 

(2)        Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely:

 

(i)         The licence shall be non-transferable;

 

(ii)        The number of workmen employed 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 awards, 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 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 1[the Deputy Chief Labour Commissioner (Central)]

 

2 [*                   *                      *]

 

(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 1[the Deputy Chief Labour Commissioner (Central)];

 

Explanation. -While determining the wage rate, holidays, hours of work and other conditions of service under Cl. (b) above 1[the Deputy Chief Labour Commissioner (Central)] shall have due regard to the rate, holidays, hours of work and other conditions of service obtaining in or 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 years;

 

(b)        One of such rooms shall be used as a playroom for the children and the other as bedroom 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 rooms;

 

(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);

 

(vii)      The license shall notify any change in the number of workmen or the conditions of work to the licensing officer;

 

3[(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.]

 

4[(ix)     A copy of the licence shall be displayed prominently at the premises where the contract work is being carried on;]

 

6[5 [(x)]     No female contract labour shall be employed by any contractor before 6 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.]

 

1.         Subs. for “the Chief Labour Commissioner (Central)” by G.S.R. 41 (E), dated 21st January, 1999 (w.e.f. 21st January, 1999).

2.         The words 'whose decision shall be final omitted by G.S.R. 871 (E), dated 26th November, 1985 (w.e.f. 26th November, 1985).

3.         Ins. by G.S.R. 199 dated 25th 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).

5.         Clause (ix) renumbered as Cl.(x) by G.S.R. 657, dated 11th August, 1987, (w.e.f. 22nd August, 1987).

6.         Ins. by G.S.R. 948, dated 12th July, 1978 (w.e.f. 22nd July, 1978).

 

1[26.     Fees. -

 

 

(l)         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

120

(f)         Exceeds 400

Rs

1500

 

(2)        The fees to be paid for the grant of a licence under Sec. 12 shall be as specified below:

 

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

(p)        Exceeds 400

Rs

375.00]

 

1.         Subs. by G.S.R. No. 1215 (E), dated 28th December, 1988.

 

27.       Validity of the licence. -Every licence granted under rule 25 or renewed under rule 29 shall remain in force for twelve months from the date it is granted or renewed.

 

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 licence amended shall submit to the licensing officer an application stating the nature of the amendments and reason therefor.

 

(3)    (i)            If the licensing officer allows the application he shall require the applicant to furnish a 1[demand draft] for the amount, if any, by which the fees that would have been payable if the evidence had been originally issued in the amended form exceeds fees originally paid for the licence.

 

(ii)        On the applicant furbishing the requisite 1[demand draft] the licence shall be amended according to the orders of the licensing officer.

 

(4)        Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.

 

1.         Ganesh Prasad Kesari v. Lakshmi Narayan Gupta, A.I.R. 1985 S.C. 9964 at p. 967, Rudrani Chatterjee v. Nabadwip Municipality, A.I.R. 1990 Cal. 397 at p. 404; Lakshmanasami Gounder v. C.I.T., Selvamani, 1992 (1) S.C.C. 91 at p. 95; T.V. Usman v. Food Inspector, 1994 S.C. Cr.P.C. aty p. 505.

 

29.       Renewal of licence. -

 

(l)         Every contractor shall apply to the licensing officer for renewal of licence.

 

 (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 removed until such date when the renewed licence is issued.

 

(3)        The fees chargeable for renewal of the licence shall be the same for the grant thereof:

 

Provided that if the application for renewal is not received within the time specified in sub-rule (2), a fee of 25 per cent., in excess of the fees ordinarily payable for the licence shall be payable for the such renewal:

 

Provided further that in case where the licencing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he, may reduce or remit as he a fit the payment of such excess fees.

 

30.       Issue of duplicate certificate of registration or licence. -Where 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 rupee five.

 

31.       Refund of security. -

 

(1)        (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 licencing 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 the 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 the applicant.

 

(2)        If there is any order directing the forfeiture of any portion of the security, 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 temporary certificates of registration or licence to the Registering Officer or the Licensing Officer, as the case may be, having jurisdiction over the area in which the establishment is situated.

 

(2)        The application for such temporary certificate of registration or licence shall be made in triplicate in Forms VIII and X, respectively and shall be accompanied by 1[Demand Draft] drawn in favour of the Pay and Account Officer, Office of the Chief Labour Commissioner (Central), New Delhi; showing the payment of appropriate fees and in this case of licence the appropriate amount of security also.

 

(3)        On receipt of the application, complete in all respects, and on being satisfied either on affidavits by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of fifteen days and was of a nature of which could not be carried out immediately the Registering Officer or the Licensing Officer, as the case may be, shall for with grant a certificate of registration of Form IX, or a licence in Form XI, as the case may be, for a period of not more than fifteen days.

 

(4)        Where a certificate of registration or licence is not granted the reasons therefor shall not be recorded by the Registering Officer or the Licensing Officer, as the case may be.

 

(5)        On the expiry of 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) shall be as specified below:

 

If the number of workmen proposed to be employed on contract on the any day-

           

(a)        Exceeds 20 but does not exceed 50

Rs.

2[30.00]         

(b)        Exceeds 50 but does not exceed 200

Rs.

2[60.00]

(c)        Exceeds 200

Rs.

2[90.00]

 

(7)        The fees to be paid for the grant of licence under sub-rule (3), shall be specified below:

 

If the numbers 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 refusal to grant licence or to grant licence under sub-rule (4) and sub-rule (3), respectively.

 

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.

 

CHAPTER IV

APPEALS AND PROCEDURE

 

33.      (1)        (i)         Every appeal under sub-section (1) of Sec. 15 shall be preferred in the form of memorandum signed by the appellant or his authorised agent and presented to the Appellate Officer in person or sent to him by registered post.

 

(ii)        The memorandum shall be accompanied by a certified copy of the order appealed from and a 1[demand draft] for Rs. 10.

 

(2)        The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.

 

1.         Subs. by G.S.R. 657, dated 11th August, 1987, (w.e.f. 22nd August, 1987), for the words 'treasury receipt”.

 

34.       Whether the memorandum of appeal does not comply with the provisions of sub-rule (2) of the 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)         Where the appeal has been admitted, the Appellate Officer shall send the notice of appeals 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.

 

(ii)        On receipt of the record, the Appellate Officer send a notice to the appellant to appear before him at such date and time as may be specified in the notice for hearing of the appeal.

 

35.       If on the date of fixed for the hearing, the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.

 

36.       (i)         Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal, and where it is provided that he was prevented by any sufficient cause from the appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.

 

(ii)        Such an application shall, unless the Appellate Officer extends the time for sufficient reason, be made within thirty days of the date of dismissal.

 

37.       (1)        If the appellant is presented when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and pronounce judgment on the appeal, either confirming, reversing or varying the order appealed from.

 

(2)        The judgment of the Appellate Officer shall state the points for determination, the decisions thereon and the reasons for the decisions.

 

(3)        The order shall be communicated to the appealant and copy thereof shall be sent to the Registering Officer from whose order the appeal has been preferred.

 

1[38.     Payment of fees. -

 

(l)         All amounts of money payable on account of security deposits, registration fees, licence fee, appeal, supply of duplicate copies of registration certificates and in term of any other provisions of the Act and rules shall be paid through a crossed demand draft drawn in favour 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 draft shall be accompanied by a challan in Form No. 1 TR-6 (in triplcate) indicates the details of payment, 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, share 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 draft shall be deposited in the relevant heads of accounts 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-”087-Labour and Employment-Fees under the Contract Labour (Regulation and Abolition) Central Rules, 1971 [adjustable on 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 Deposits 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 registration certificates-”087-Labour and Employment Fee under Contract Labour Appeals (Regulation and Abolition) Central Rules, 1971.”

 

1.         Subs. by G.S.R. 657, dated 11th August,  1987 (w.e.f. 22nd August, 1987.

 

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 of the order, made to officer concerned.

 

CHAPTER V

WELFARE AND HEALTH OF CONTRACT LABOUR

 

40.       The facilities required to be provided under Secs. 18 and 19 of this Act, namely sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing machines facilities, shall be provided by the contractor in the case of the existing establishments within seven days of the commencement of these rules and in the case of new establishment within the 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 the period laid down in the said sub-rule.

 

41.       Rest-rooms. -In every place wherein contract labour is required to halt at the night in connection with the working of the establishment of which the Act applies and in which employment to contract 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 establishments and within fifteen days of the employment of contract labour in new establishment.

 

(2)        If the amenity referred to the sub-rule (1) is not provided by the contractor within the period prescribed, the principal employer shall provide the same within the period of fifteen days of the expiry on 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 or artificial lighting.

 

(5)        The rest-room or rooms or other suitable alternative accommodation shall be of such dimension so as to provide at least a floor area of 1.1 sq. metre for each person making use of the rest-room.

 

(6)        The rest-room or rooms or other suitable alternative accommodation shall be so constructed as to afford adequate heat, winds, 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. -

 

(l)         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 wherein contract 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 establishment and within the sixty days of the commencement of the employment of the contractor labour in the case of new establishment.

 

(2)        If the contractor fails to provide the canteens with him the time laid down the same shall be provided by the principal employer within sixty clays 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 consists of at least a dinning hall, store room, kitchen, pantry and washing places separately for workers and for utensils.

 

(2)       (i)         The canteen shall be sufficiently ligthed 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 a year:

 

Provided that the inside the 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 per cent of the contract labour at a time.

 

(2)        The floor area of the dining-hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall not be less than one square metre per diner to be accommodated as prescribed in sub-rule (1).

 

(3)       (i)         A portion of dining-room and service counter shall be partitioned off and reserved for women workers, in proportion to their number.

 

(ii)        Washing place for women shall be separate and screened to secure privacy.

 

(4)        Sufficent 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 other equipment necessary for the efficient running of the canteen,

 

(ii)        The furniture, utensils and other equipments shall be maintained in a clean and hygienic condition.

 

(2)      (i)          Suitable clean clothes for the employee’s 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 and adequate supply of hot water shall be provided for the cleaning of the utensils and equipments.

 

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, beverage and any other items served in the canteen shall be based on “no-profit, no loss” 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 equipment 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 amounts spent on the provision and maintenance of furniture and equipment provided for in the 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 accounts pertaining to the canteen shall be audited once every twelve months by registered accountants and auditors:

 

Provided that the Chief Labour Commissioner (Central) 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 auditors in 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 and 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 latrines and urinal a notice in the language understood by the majority of the workers “For Men Only” “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 case may be.

 

54.       There shall be at least one urinal for male worker upto 50 and one for female workers upto 50 employed at a time:

 

Provided that where the number of male or female workmen, as 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 every 100 or part thereof thereafter.

 

55.       (1)        The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment.

 

(2)       (i)         The latrines and urinals shall be adequately ligthed 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 requirements of the public health authorities.

 

56.       Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals.

 

57.       Washing facilities. -

 

(l)         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 labours 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 equipments, 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 sterilized dressings.

(iii)       3 large size sterilized dressings.

(iv)       3 large sterilized bum dressings.

(v)        1 (30 ml) bottle containing a two percent. Alcoholic solution of iodine.

(vi)       1 (30 ml) bottle containing sal volatile having the dose and mode of administration indicated on the label.

(vii)      1 snake bite lancet.

(viii)      1 (30 gm) bottle of potassium permanganate crystals.

(ix)       1 pair scissors.

(x)        1 copy of the first aid leaflet issued by the Director General, Factory Advice Service and Labour Institute, Government of India.

(xi)       A bottle containing 100 tablets (each of 5 grains) of aspirin.

(xii)      Ointment of burns.

(xiii)      A bottle of suitable surgical Anti-septic solution.

 

B.         For establishment in which the number of contract labour exceeds 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 sterilized burn dressings.

(v)        6 (15 gm) packet of sterilized cotton wool.

(vi)       1 (60 ml) bottle containing a two percent. Alcoholic solution of iodine.

(vii)      1 (60 ml) bottle containing sal volatile having the dose and mode of administration indicated on the label.

(viii)      1 roll of adhesive plaster.

(xi)       1 snake bite lancet.

(x)        1 (30 gm) bottle of potassium permanagnate crystals.

(xi)       1 pair scissors.

(xii)      1 copy of the first aid leaflet issued by the Director General, Factory Advice Service and Labour Institute, Government of India.

(xiii)      A bottle containing 100 tablets (each 5 grains) of aspirins.

(xiv)     Ointment of bums.

(xv)      A bottle of suitable surgical anti-septic solution.

 

(2)        Adequate arrangements shall be made for immediate recoupment of the equipments 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 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 establishment where the number of contract labour employed is 150 or more.

 

CHAPTER VI

WAGES

 

63.       The contractor shall fix the wage periods in respect of which the wages shall be payable.

 

64.       No wage period shall exceed one month.

 

65.       The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day; in other case before the expiry of the tenth day after the last day of the wage period in respect of which the wages are payable.

 

66.       Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

67.       All payments of the wages shall be made on a working day at the work premises and during the working time 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 the contractor to the principal employer under acknowledgment.

 

72.       The principal employer shall ensure the presence of his authorised representative at the place and time of the disbursement of the wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in presence of the such authorised representatives.

 

73.       The authorised representatives 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 the following form:

 

“Certified that the amount shown in column No……………has been paid to the workmen concerned in my presence on…………at………….”

 

1.         Subs.  G.S.R. 948, dated 2th July, 1978.     

 

CHAPTER VII

 

REGISTERS AND RECORDS AND COLLECTION

OF STATISTICS

 

74.       Register of contracts. -Every principal employer shall maintain in respect of each registered establishment a register of contracts 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 contractor shall issue to the workman whose services have been terminated as a Service Certificate in Form XV.

 

78.       Muster roll, wages register, deduction register and overtime register. -

 

1(l)     (a)          Every contractor shall in respect of each worker on which he engages contract labour,-

 

(i)         Maintain a muster roll and a register of wages in Form XVI and Form XVIL respectively:

 

Provided that combined Register of Wage-cum-Muster Roll in Form XVIL 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 authorised representatives and shall also b6 duly certified by the authorised representatives of the principal employer in the manner provided in the rule 73.

 

(d)        In respect of establishments which are governed by the Payment of Wages Act, 1936 (4 of 1936), and the rules made thereunder, or Minimum Wages Act, 1948 required (11 of 1948), or the rules made thereunder, the following register and records required to be maintained by a contractor as employer under those Act and rules made thereunder 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;

(g)        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 thereunder or any other laws or regulation where mechanized pay rolls are introduced for better administration, alternative suitable form in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Chief Labour Commissioner (Central).

 

1.         Subs. by G.S.R. 948 dated 12th July, 1978.

 

79.       Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of the workers in such form as may be approved by the Chief Labour Commissioner (Central).

 

80.      (1)         All registers and other records required to be maintained under this Act rules, shall be maintained complete and upto date and unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precincts of the work place or at a place within a radius of three kilometers.

 

1[(2)        Such registers shall be maintained legibly in English and Hindi or in the language understood by the majority of the persons employed in the establishment.]

 

(3)        All the registers and other records shall be preserved original for a period of three calendar years from the date of last entry therein.

 

(4)        All the registers, records and notices maintained under this Act or rules shall be produced on demand before the Inspector or any other authority under the Act or any person authorised in that behalf by the Central Government.

 

(5)        Where no deductions or fine has been imposed or no overtime has been worked during any wage period, a “nil entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the “nil” entry relates, in the respective registers maintained in Forms XX, XXI and XXII, respectively.

 

1.         Subs.  G.S.R. 48, dated, 31st December, 1987.

 

81.      (1)       (i)          Notices showing the rate of wages, hours of work, wage periods, dates of payment of wages, name and address of the Inspectors having jurisdiction and date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer and the contractor, as the case may be.

 

(ii)        The notices shall be correctly maintained in a clean and legible condition.

 

(2)        A copy of the notice shall be sent to the Inspector and whenever any changes occur the same shall be communicated to him forthwith.

 

(3)        Every principal employer shall, within fifteen days of the commencement or completion of each contract work under each contractor, submit a return to the Inspector, appointed under Sec. 28 of the Act intimating the actual dates of the commencement or, as the case may be, completion of such contract work in Form VI-B.]

 

82.      (1)         Every contractor shall send half-yearly return in Form XXIV (in duplicate) so as to reach Licensing Officer concerned not later than thirty days from the close of the half year.

 

Note-   Half year for the purpose of this rule means “a period of six months commencing from lst January of every year.”

 

(2)        Every principal employer of a registered establishment shall send annually a return in Form XXIV (in duplicate) so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates.

 

83.       (1)        The Board, Committee, Chief Labour Commissioner (Central) or the Inspector or any other authority under this Act shall have powers to call for any information or statistics in relation to contract labour from any contractor or principal employer at any time by an order in writing.

 

(2)        Any person called upon to furnish the information under sub-rule (1) shall be legally bound to do so.

 

1[(3)       The returns to be submitted under this rule by contractor/principal employer shall be correct, complete and upto date in all respects.]

 

1.         Ins. by G.S.R. 199, dated 25th January, 1977 (w.e.f. 12th February, 1977).

 

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 of the establishment.

 

5.         Nature of work carried on in the establishment.

 

6.         Particulars of contractors and contract labour:

 

(a)        Names and address of contracts

 

(b)        Nature of work in which contract labour is employed or is to be employed

 

(c)        Maximum number of contract labour to be employed on any day through each contractor.

 

1[(cc)       Estimated date of commencement of each contract work under each contractor.]

 

(d)        Estimated date of termination of employment of contract labour under each contractor.

 

7.         1[Particular of demand draft enclosed- (Name of the Union Bank, amount, demand draft no and date.)]

 

I hereby declare that the 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

 

1.         Subs. by G.S.R. 657, dated 11th August, 1997 (w.e.f. 22nd August, 1987.

 

FORM II

 

[See rule 18 (1)]

Certificate of Registration

 

No………………..                                                      Date…………… 

 

Government of India

Office of Registering Officer

 

A certificate of registration containing the following particulars is hereby granted under sub-section (2) of Sec. 7 of the Contract Labour (Regulation and Abolition) Act, 1970 and the rule made thereunder to ...................................................................I

 

1.         Nature of work carried on in the establishment.

 

2.         Names and addresses of contractors.

 

3.         Nature of work in which contract labour is employed or is to be employed.

 

4.         Maximum number of contract labour to be employed on any day through each contractor.

 

5.         Other particulars relevant to the employment of contract labour.

 

....................................................

           Signature of Registering officer with seal

 

 

FORM III

 

[See rule 18 (3)]

Register of Registration

 

Sl. No.

Registration No. and date

Name and address of the establishment registered

Name of the principal employer and his address

Type of business trade, industry, manufacture or occupation, which is carried on in the establishment

Total No. of workmen directly employed.

1

2

3

4

5

6

 

 

 

 

                 

                        Particulars of contractor and contract labour

 

Name and address of contractor

Natural of work in which contract labour is employed or is to be employed

Maximum No. of contract labour to be employed on any day

Probable duration of employment of contract labour

Remarks

7

8

9

10

11

 

 

 

 

 

 

FORM IV

 

[See rule 21 (1)]

Application of Licence

 

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 individual)

 

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 certificate of registration date of registration of the establishment under the Act.

 

(d)        Name and address of the principal employer.

 

4.         Particulars 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 commencement and ending).

 

(c)        Name and address of the agent or manager or contractor at the work site.

 

(d)        Maximum number 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 or 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.

1[9.      Amount of licence fee-Name of the Union Bank, Demand Draft No. and date.

 

 

10.       Amount of security deposit-Name of the Union Bank, Demand Draft No. and date.]

 

“This amount of security or balance, if any, after adjustment of amount to be refunded under rule 30, if any, deposited with treasury receipt number and date.

 

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

 

Place:

 

Date:

 

..........................................

Signature of the applicant (Contractor)

 

1[Note. -The application shall be accompanied by demand draft and the challan for the appropriate amount and a certificate in Form V from the principal employer...............date of receipt of the application with “demand draft” and the challan for fees/security deposit.]

 


(To be filled in the office of the Licensing Officer)

Date of receipt of the application with challan for fee of security deposit.

 

.........................................................

 

Signature of the Licensing Officer.

 

1.         Subs.  G.S.R. 657, dated 11th August, 1987 (w.e.f. 22nd August, 1987).

 

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 Contract Labour (Regulation and Abolition) Central Rules, 1971, in so far as the provisions are applicable to me in respect of the employment of contract labour by the applicant in any establishment                                                                         ......................................................................

            Place:                                                   Signature of principal employer:

            Date:                                                    Name and address of the establishment:

 

2[FORM V-A

[See rule 24 (1-A)]

 

Application for adjustment of Security Deposit

 

Name and address of the contractor

No. and date of license

Date of expiry of previous license

Whether the license of the contractor was suspended or revoked

1[No and date of the demand draft of security deposit in respect of the previous deposit previous license]

Amount of previous security deposit

No. and date of demand draft of the balance security deposit if any, required on the fresh contract]

No. and date of certificate of registration of the establishment in relation to which the new license is applied for

Name and address of the principal employer

Particulars of fresh contract

Remarks

1

2

3

4

5

6

7

8

9

10

11

 

 

 

 

Place:……………

Date:……………

.........................................

[Signature of applicant.]

 

1.         Subs. by G. S.R. 657 dated 11 the August, 1987 (w.e.f. 22nd August, 1987).

2.         Ins by G.S.R. 948, dated 12th July, 1978

FORM VI

[See rule 25 (1)]

Government of India

Office of the Licensing Officer

Licence No………….                            Dated…………   Fee paid Rs………..

LICENCE

 

1.         Licence is hereby granted to under Sec 12 (1) of the Contract Labour (Regulation and Abolition Act, 1970, subject to the conditions specified in Annexure.

 

1[2.       The licence is for doing the work of (nature of work to be indicated) in the establishment of-(name of principal employer to be indicated) at place of work to be indicated).

 

3.         The licence shall remain in force till-(date to be indicated).]

 

Date

.......................................................................

Signature and Seal of the Licensing Officer. 

 

 

RENEWAL (rule 29)

 

Date of renewal

Fee paid for renewal

Date of expiry

1.

2.

3.

...............................................................

Signature and Seal of the Licensing Officer.

Date:

 

ANNEXURE

 

The licence is subject to the following conditions:

 

1.         The licence shall be non-transferable.

 

2.         The number of workmen employed as contract labour in the establishment shall not, on any day, exceed

 

3.         Except, as provided in the rules the fees paid for the grant or, as the case may be, for renewal of the licence shall be non-refundable.

 

4.         The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the schedule of employment under the 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 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 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 Chief Labour Commissioner (Central) whose decision shall be final.

 

6.         In other cases the wage rates, holidays, hours of work and conditions of services of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labour Commissioner (Central).

 

7.         In every establishment where 20 or more women are ordinarily employed as contract labour there shall be provided two rooms of reasonable dimension for the use of their children under the age of six years.  One of such rooms would be used as a play room for the children and the other as bed room for the children.  For this purpose the contractor shall supply adequate number of toys and games in the p ay room and sufficient number of cots and bedding in the sleeping room.  The standard of construction and maintenance of the creches may be such as may be specified in this behalf by the Chief Labour Commissioner (Central).

 

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

 

2[9.       A copy of the licence shall be displayed prominently at the premises where the contract work is carried on.]

 

3[10.  The licensee shall, within fifteen days of commencement and completion of each contract work submit a return to the Inspector appointed 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.]

 

1.         Subs. by G.S.R. 948, dated 12th July, 1956.

2.         Ins. by G.S.R. 948, dated by 12th July, 1978.

3.         Added by G.S.R.657, dated 11thAugust, 1987 (w.e.f. 22nd August, 1987).

 

1FORM VI-A

[See rule 25(2) (viii)]

 

Notice o Commencement/Completion of Contract Work

 

I/We, Shri/Messrs. (name and address of contractor) hereby intimate that the contract work (name of work) in the establishment of (name and address of the principal employer) for which Licence No…………dated………..has been issued to me/us by the Licensing Officer (name of the headquarter), has been commenced/completed with effect from (date)/ on (date).

..................................................

Signature of Contractor(s).

To,

The Inspector,

.........................................

.........................................

 

1.           Ins by G.S.R. 199, dated 25th January, 1977 (w.e.f. 12th February, 1977).

 

1[FORM VI-B

 

[See rule 81 (3)]

Notice of Commencement/Completion of Contract Labour

 

 

1.         Name of the principal employer and address

 

2.         Number and date of Certificate of Registration

 

3.I/We hereby intimate that the contract work (name of work) given to (name and address of the contractor) having Licences No……………..dated………….has been commenced/completed with effect from (date)/ on (date).

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

Signature of principal employer.

 

1.         Ins by G.S.R. 199, dated 25th January, 1977 (w.e.f. 12th February, 1977).

 

FORM VII

See rule 29 (2)]

Application for Renewal of Licence

 

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

 

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

 

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

 

4.         Whether the licence of the contractor was suspended or revoked…………                                          

 

[5.        Name of the Bank, number and date of the demand draft enclosed. Date of receipt of the application with demand draft number and date.]

 

                                                                                                …………………………

Place:…………….                                                      Signature of the Applicant.

Date:……………..

 

(To be filled in office of the Licensing officer) 

 

 Date of receipt of the application with Treasury Receipt number and date.

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

Signature of the Licensing Officer.

 

 

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 contractors and contract labour

 

A.        Nature of work in which contract labour is to be employed and reasons for urgency……………..

           

B.         Maximum number of contract labour to be employed on any day……………..

 

C.        Estimated date of termination of employment of contract labour.

 

7.         1[Particulars of demand draft enclosed (Name of the Union Bank, Demand Draft No. and date.)].

 

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

................………………..

Office of the Registration Officer.

 

1.         Subs. by G.S.R. 657, dated 11th August, 1987 (w.e.f. 22nd August, 1987).

 

FORM IX

[See rule 32 (3)]

1[Temporary Certificate Of Registration]

 

 

 

            No…………….                      Date…………..                      Date of expiry………

           

Government of India

Office of Registering officer

 

A Temporary-Certificate of Registration/containing the following particulars is hereby granted under sub-section (2) of Sec. 7 of the Contract Labour (Regulation and Abolition) Act, 1970 and the rule made thereunder to………………………………………………..Valid from…………………to…………..

 

1.         Nature of work carried on in the establishment……………….

 

2.         Nature Of work in which contract labour is to be employed…………………..

 

3.         Maximum number of contract labours to be employed on any day…………………

 

4.         Other Particulars relevant to the employment of contract labour……………..

   ……………………………………

Signature of Registering officer with seal

 

1          Subs. for the words “Office of the Licensing Officer”, vide G.S.R. 1649, dated 16th December, 1972.

 

FORM X

[See rule 32 (2)]

 

Application for Temporary Licence

 

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 individual)

 

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 particulars of proposed date of commencing and ending).

 

(c)        Name and address of the agent or manager of contractor at the work site.

 

(d)        Maximum number 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 or suspending licence or forfeiting security deposits m 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.

 

1[8.       Amount of licence fee paid-Name of the Union Bank, Demand Draft No. and date.]

 

2[9.       Amount of security deposit-Name and Union Bank, Demand Draft No. and date, date of the receipt of the application with demand draft for fee/security deposits.]

 

 

 

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

..........................................

Signature of the applicant

(Contractor).

Place:………….

Date:…………..

 


(To be filled in the office of the Licensing officer)

Date of receipt of the application with challan for fees/security deposit.

 

.........................................................

Signature of the Licensing Officer.

 


1.         Subs. by G.S.R. 657, dated 11th August, 1987 (w.e.f. 22nd August, 1987).

2.         Subs. by G.S.R. 657 dated, 11th August, 1987 (w.e.f. 22nd August, 1987).

 

FORM XI

 

[See rule 32 (3)]

Government of India

 

Office of the Licensing Officer

           

Licence No………….             Date……….                Fee paid Rs……..

                                                                                    ............................................................

                                                                                    Signature of the Licensing Officer

                                                                                    Expires on…………..

           

Temporary Licence

           

Licence is hereby granted to………………. under Sec. 12 (2) of the Contract Labour (Regulation and Abolition) Act, 1970, subject to the conditions specified in Annexure.

The licence shall remain in force till.

.......................................................................

Signature and Seal of the Licensing Officer.

Date…………….

 

 

ANNEXURE

 

The licence is subject to the following conditions:

 

1.         The licence shall be non-transferable.

 

2.         The number of workmen employed as contract labour in the establishment shall not, on any day, exceed……….

 

3.         Except, as provided in the rules the fees paid for the grant of the licence shall be non-refundable.

 

4.         The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the schedule of employment under the 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 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 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 Chief Labour Commissioner (Central) whose decision shall be final.

 

6.         In other cases the wage rates, holidays, hours of work and conditions of services of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labour Commissioner (Central).

 

1[7.       A copy of the licence shall be displayed prominently at the premises where the contract work is carried on.]

 

1.         Ins. by G.S.R. 948, dated 12th July, 1978.

 

 

FORM XII

[See rule 74]

Register of Contractors

 

(1)        Name and address of the principal employer

 

(2)        Name and address of the establishment

 

Sl. No.

Name and address of contractor

Nature of work of contract

Location of contract work

Period of contractor

Maximum number of workmen employed by contractor

From

To

1

2

3

4

5

6

7

 

 

 

 

 

FORM XIII

[See rule 75]

Register of workmen employed by contractor

 

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

Name and address of the establishment in/under, which contract work, is carried on……................................................................................................………

Name and location of work…………………………………………………….

Name and address of the principal employer……………………..

 

Sl. No.

Name and surname of workmen

Age and sex

Father’s/ husband’s name

Nature of employment/ designation

Permanent home address or workman (village and tehsil/taluk and district)

1

2

3

4

5

6

 

 

 

 

Local address

Date of commencement of employment

Signature or thumb impression of workmen

Date of termination of employment

Reasons for termination

Remarks

7

8

9

10

11

12

 

 

 

 

 

 

 

 

FORM XIV

(See rule 76)

Employment Card

 

Name and address of contractor…………………….

Name and address of establishment in/under which contract is carried on.......................................

Nature of work and location of work…………………

Name and address of principal employer

 

1.         Name of the workman

 

2.         Serial number in the register of workmen employed…………

 

3.         Nature of employment/designation………..

 

4.         Wage rate with particulars or unit in case of piece work……………….

 

5.         Tenure of employment…………….

 

6.         Remarks………………..

.........................................

Signature of Contractor.

 

FORM XV

(See rule 77)

Service Certificate

 

Name and address of contractor………………

Name and address of establishment in/under which contract is carried on………….

Nature and location of work……………………..

Name and address of principal employer…………………….

Name and address of the workman…………………………….

Age or date of birth………………………

Identification marks…………………………..

Father's/Husband’s name………………………..

 

Sl. No.

Total period for which employment

Nature of work done

Rate of wage (with particulars of unit in case of piece work)

Remarks

From

To

1

2

3

4

5

6

 

            Signature………

 

FORM XVI

1[See rule 78(l) (a)(i)]

Muster Roll

 

Name and address of contractor…………………..

Name and address of establishment in/under which contract is carried on……………

Nature and location of work……………………..

Name and address of principal employer

For the month of………………….

 

Sl. No.

Name of workman

Father’s/Husband’s name

Sex

Dates

Remarks

1 2 3 4 5

1

2

3

4

5

6

 

 

 

1.         Subs. by G.S.R. 948, dated 12th July, 1978.

 

FORM XVII

[See rule 78 (1) (a) (i)]

Register of Wages

 

Name and address of contractor…………………… 

Name and address of establishment in/ under which contract is carried on ………….

Nature of work and location of work………………………..

Name and address of principal employer

Wage period: monthly…………………………

 

 

Sl. No.

Name of workman

Serial No. in the register of workman

Designation/ nature of work done

No. of days worked

Units of work done

Daily rate of wages/piece rate

1

2

3

4

5

6

7

 

 

 

Amount of wages earned

Basic wages

Dearness allowances

Overtime

Other cash payment (nature of payment to be indicated)

Total

Deducations if any (indicate nature)

Net amount paid

Signature/thumb impression of work man

Initials of contractor or the representative

8

9

10

11

12

13

14

15

16

 

 

 

 

 

FORM XVIII

[See rule 78(l)(a)(i)]

Form of Register of Wages-cum-Muster Roll

 

Name and address of contractor…………….

Name and address of establishment in/under which contract is carried on…………

Name and address of principal employer………………………….

Wage period: Weekly/Fortnightly                                              From                to                              

Nature and location of work

 

Sl. No.

Sl. No. in register of workmen

Name of employee

Designation/nature or work

Daily attendance/units worked

Total attendance/units of work done

Daily rate of wages/piece rate

1

2

3

4

5

6

7

 

 

 

 

Amount of wages earned

Basis Allowance

Dearness Allowance

Overtime

Other cash payments (nature of payment to be indicated)

Total

Deducations, if any (indicate nature)

Net amount paid

Signature/thumb impression of workman

Initials of contractor of the representative

8

9

10

11

12

13

14

15

16

 

 

 

1[FORM XIX

[See rule 78 (1) (b)]

Wage Slip

 

Name and address of contractor……………

Name and father's/husband's name of the workman…………………

Nature of work and location of work………………

For the week/fortnight/month/ ending……………..

 

1.         Number of days worked……………………

 

2.         Number of units worked in case of piece worker…………………      

 

3.         Rate of daily wages/piece rate…………….

 

4.         Amount of overtime wages………………..

 

5.         Gross wages payable………………………..

 

6.         Deductions, if any………………………..

 

7.         Net amount of wages paid………………………...............................Initials of the Contract or his representative.

 

1.         Subs by G.S.R. 948, dated 12th July, 1978.

 

FORM XX

1[See rule 78(l) (a) (i)]

Register of Deductions for Damage or Loss

 

Name and address of contractor…………………..

Name and address of establishment in/under which contract is carried on…………

Nature and location of work…………………..

Name and address of principal employer………………..

 

Sl. No.

Name of workman

Father/Husband’s name

Designation/Nature employment

Particulars of damage or loss

Date of damage or loss

Whether workman showed cause against deducation

1

2

3

4

5

6

7

 

 

 

 

Name person in whose presence employees explanation was heard

Amount deducation imposed

No. of instalments

Date of recovery

Remarks

First instalment

Last instalment

8

9

10

11

12

13

 

 

 

 

 1.     Subs. by G.S.R. 948, dated, 12th July, 1978.

 

[FORM XXI

 

[See rule 78 (1)(a)(ii)]

Register of Fines

 

Name and address of contractor………………………

Name and address of establishment in/under which contract is carried on ………..

Nature and location of work………………….

Name and address of principal employer……………………..

 

Sl. No.

Name of workman

Father’s/Husband’s name

Designation/Nature of employment

Act/Ommission for which fine imposed

Date of offence

Whether workman showed cause against fine

Nature of person in whose presence employment explanation was heard

1

2

3

4

5

6

7

8

 

 

 

Wage periods and wages payable

Amount of fine imposed

Date on which fine realised

Remarks

9

10

11

12

 

 

                                                                         

FORM XXII

1[See rule 78 (1) (a)(ii)]

Register of Advances

 

Name and address of contractor………………..

Name and address of establishment in/under which contract is carried on…………

Nature and location of work…………………

Name and address of principal employer…………………

 

Sl. No.

Name

Father’s/Husband’s name

Nature of employment designation

Wage period and wages payable

Date and amount of advance given

Purpose(s) for which advance made

1

2

3

4

5

6

7

 

 

 

 

No. of instalments by which advance to be repaid

Date and amount of each instalments repaid

Date on which last instalment was repaid

Remarks

8

9

10

11

 

 

                         

1.         Subs. by G.S.R. 948, dated l2th July, 1978.

 

FORM XXIII

1[See rule 78 (1) (a) (iii)]

Register of overtime

 

Name and address of contractor…………………

Name and address of establishment in/ under which contract is carried on …………

Nature and location of work…………………..

Name and address of principal employer…………………

 

Sl. No.

Name of workman

Father’s/Husband’s name

Sex

Designation/ nature of employment

Date on which overtime wages paid

Total overtime worked or production in case of piece-rated

1

2

3

4

5

6

7

 

 

 

Normal rate of wages

Overtime rate of wages

Overtime earnings

Date on which overtime wages paid

Remarks

8

9

10

11

12

 

 

 

1.         Subs. by G.S.R. 948, dated 12th July, 1978.

 

 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 contractor………………..

 

2.         Name and address of establishment………………

 

3.         Name and address of principal employer……………….

4.         Duration of contract: From……………to……………

 

5.         Number 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 on any day during the half year:

Men…………. Women………….. Children………..Total…………

 

7.         (i)         Daily hours of work and spread- over…………….

 

(ii)       (a)         Whether weekly holidays observed and on what day………

 

(b)        If, so, whether it was paid for……………

 

(iii)       Number of man-hours of overtime worked………………

 

8.        Number of man-days 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)

........................................

Signature of Contractor.

Place…………

Date……………….

 

 

 

FORM XXV

 

[See rule 82(2)]

Annual return of Principal Employer to be sent to the Registering Officer

 

Year ending 31st December………….

 

1.         Full name and address of principal employer……………..

 

2.         Name of the establishment-

 

(a)        District…………

(b)        Postal address…………….

(c)        Nature of operation/ industry/work carried on………..

 

3.         Full name of the manager or person responsible for supervision and control of the establishment……………

 

4.         Number of contractors who worked in the establishment during the year (Give details in Annexure)………………

 

5.         Name 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 man days worked by contract labour during the year…………

 

8.         Maximum number of workmen employed directly on any day during the year…………………..

 

9.         Total number of days during the year on which direct labour was employed………..

 

10.       Total number of man days worked by direct 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.

 ................................

Principal employer.

 

Place…………..

Date…………..

 

ANNEXURE TO FORM

 

    

Name and address of the contractor

Period of Contract

Nature of work

Maximum number of workers employed by each contractor

Number of days worked

Number of man-days worked

From

To

1

2

3

4

5

6

7

 

 

 

1[ANNEXURE “A”

[Rule 38 (1)]

 

Serial Number

Officers

Headquarters of the Officers

1

2

3

1. ALC (C)     

Delhi                           

Delhi

2. RLC (C)     

Ajmer                          

Ajmer

3. ALC (C)     

Ajmer                          

Ajmer

4. ALC (C)     

Adipur                         

Adipur

5. RLC (C)     

Asansol                       

Asansol

6. ALC (C)     

Asansol                       

Asansol

7. RLC (C)     

Bombay                      

Bombay

8. ALC (C)     

Bombay                      

Bombay

9. ALC (C)     

Nagpur            

Nagpur

10. ALC (C)   

Vasco-De-Gama         

Vasco-De-Gama

11. RLC (C)   

Calcutta                       

Calcutta

12. ALC (C)   

Calcutta                       

Calcutta

13. RLC (C)   

Gauhati            

Gauhati

14. RLC (C)   

Dhanbad                     

Dhanbad

15. ALC (C)   

Dhanbad                     

Dhanbad

16. ALC (C)   

Chaibasa                     

Chaibasa

17. ALC (C)   

Hazaribagh                  

Hazaribagh

118. RLC (C)

Hyderabad                  

Hyderabad

19. ALC (C)   

Hyderabad                  

Hyderabad

20. ALC (C)   

Vijayawada                 

Vijayawada

21. ALC (C)   

Visakhapatnam

Visakhapatnam

22. RLC (C)   

Jabalpur                      

Jabalpur

23. ALC (C)   

Jabalpur                      

Jabalpur

24. ALC (C)   

Raipur                         

Raipur

25. ALC (C)   

Shahdol                       

Shahdol

26. RLC (C)   

Kanpur                        

Kanpur

27. ALC (C)   

Kanpur                        

Kanpur

28. RLC (C)   

Chandigarh                  

Chandigarh

29. RLC (C)   

Bhubaneshwar             

Bhubaneshwar

30. ALC (C)   

Bhubaneshwar             

Bhubaneshwar

31. RLC (C)   

Madras                       

Madras

32. ALC (C)   

Madras                       

Madras

33. ALC (C)   

Emakulam                   

Emakulam

34. RLC (C)   

Bangalore                    

Bangalore

35. ALC (C)   

Bellary                         

Bellary

36. ALC (C)   

Dehradun                    

Dehradun

37. ALC (C)   

Rohtak                        

Rohtak

38. ALC (C)   

Jagdalpur                     

Jagdalpur

39. ALC (C)   

Jaipur                          

Jaipur

40. ALC (C)   

Kolar Gold Fields        

 

Kolar Gold Fields

 

1.         Ins. by G.S.R., 657, dated 11th August, 1987 (w.e.f. 22nd August, 1987).

 

APPENDIX II

 

CONTRACT LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 1971-CONSTRUCTION AND MAINTENANCE OF CRECHES

 

Notification No. S.O. 143 dated 8th September, 1972.1-In the exercise of the powers conferred by Cl. (iv) (d) of sub-rule (2) of rule 25 of the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Chief Labour Commissioner (Central), hereby specifies the standard of construction and maintenance of creches as under:

 

1.         Locations. -A creche should be located within 50 metres of every establishment where twenty or more women are ordinarily employed as contract labour. While the creche should be conveniently accessible to the mothers of the children accommodated therein, it should not be situated in close proximity to establishment where obnoxious fumes, dust or odors are given off or in which excessively noisy process are carried on.

 

1.         Published in the Gazette of  India, dated 13th January, 1973, Pt.  II, Sec 3 (ii), p. 158.

 

2.         Building. -

 

(i)         The creche building should be constructed of heal resisting materials and roof should be rain-proof.

 

(ii)        While in towns it may be built of bricks walls with cement of  lime plaster, in rural areas it may be built of mud with mud plaster.  In either case, the flooring and walls up to a height of 3 feet should have cement surface.

 

 

(iii)       The height of rooms should not be less than 20 ft. from the floor to the lowest part of the roof.

 

(iv)       The rooms should be provided with necessary doors and windows for securing and maintaining adequate light and ventilation by free flow of air.

 

(v)        The building should be periodically inspected in order to see that it is safe and is being maintained under sanitary conditions.

 

(vi)       The creche will be kept open at all times both by day and night, when women employees are working.

 

3.         Accommodation. -

 

(i)         Accommodation in the creche should be on a scale of atleast 20 sq ft. of floor area per child.

 

(ii)        There should be a shady open air play-ground suitably fenced for older children.

 

4.         Amenities. -

 

(i)         Cool and wholesome drinking water should be available for the children and the staff of the creche.  Children below 2 years of age should be fed with atleast l/2  pint of pure milk child per day.  Children above 2 years of age should be given wholesome refreshments.

 

(ii)        Convenient and suitable arrangements should be made for the working mothers to feed their children below 2 years of age during the intervals.

 

(iii)       There shall be a kitchen attached to the creche with utensils and other facilities for bottling milk and preparing refreshments, etc. -

 

(iv)       The children as well as the staff of the creche should be provided with suitable uniforms for wear at the creche.

 

(v)        There should be a suitable bathroom adjoining the creche for the washing of the children and changing their clothes.  Wash basins or similar vessels also be provided at the rate of one for every four children.  There should be arrangements for supply of water at the rate of 6 gallons per child per day.  Adequate supply of clean towels and soaps should be available at the creche.

 

(vi)       Adjoining the bathroom there shall be a latrine for the exclusive use of the children of the creche.  The number of seats in the latrines shall be at the rate of one for every 15 children.  Separate latrines should be maintained for the use of mothers and creche staff at a distance of not less than 50 ft. from the creche.

 

5.         Equipments. -The creche should have the following equipments at the rate of one for each child-

 

(i)         Cradles or cots,

 

(ii)        Beds or mattresses,

 

(iii)       Cotton sheets,

 

(iv)       Rubber sheets (for children below 3 years),

 

(v)        Blankets,

 

(vi)       Pillow with covers.

 

6.         Staff. -Every creche should be in charge of a woman with midwife qualification or training as creche attendant. Where the number of children exceeds ten, the creche attendant should be assisted by female ayahs at the rate of one ayah-

 

(a)        For every 5 children upto one year;

 

(b)        For every 10 children upto three years; and

 

(c)        For every 15 children upto three years.

 

The ayahs should not be less than 30 years of age and should have knowledge and training in the handling of children.

 

7.         Working hours. -The working hours of the creche should correspond to the working hours of the mothers.  It may have to work into shifts if the women are employed in two or more shifts, spread over a period of exceeding 8 hours a day.  Where the creche works in shifts different staff should be employed to work in two shifts.

 

8.         Medical attention. -

 

(i)         The creche should have first-aid equipments kept in proper condition.

 

(ii)        Every child should be medically examined before admission.  There should be medical checkups of the children once a month and thein weight recorded once a month.

 

(iii)       A record of the periodical medical check-up and weighment should be entered in the record of medical examination of each children at the creche.

9.         Maintenance of records.-The creche should maintain the following records upto date-

 

(i)         Records of medical examination of children in Form “A”,.

 

(ii)        Attendance register of children in Form “B”.

 

10.       Inspection of creche. -A creche may be inspected at any time by an inspector under the Act or           any officer authorised by the Central Government for the purpose.

 

FORM A

 

Form for recording the result of medical examination of

children attending creche

 

Date, month and year of examination………………………………

Sl. No.

Name of child.

Age (date of birth, if available)

Mother’s name and occupation

Weight of child on the date of last examination

Weight on the date of examination

Disease of abnormality found, if any

Treatment suggested if any

Remarks

1

2

3

4

5

6

7

8

9

                                                                        .........................................................

(Signature of the qualified medical practitioner).

 

FORM B

 

Form for recording particulars of children attending the creche

 

Name of establishment ………….Month and year……………..

 

 

 

Sl. No.

Date of admission

Name of child with Mother’s full name and occupation

Sex

Age

Date of the month (attendance marked each day)

Remarks

1

2

3

4

5

6

7