CONTRACT
LABOUR (REGULATION AND ABOLITION) CENTRAL RULES, 1971
CONTENTS
1. Short title and
commencement
2. Definitions
CENTRAL
BOARD
5.
Resignation
7. Disqualification for
membership
9. Vacancy
10. Staff
13. Meetings
14. Notice of meeting and list
of business
15. Quorum
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
22. Matters to be taken into
account in granting or raising a licence
24. Security
25. Forms and terms and
conditions of licence
26. Fees
30. Issue of duplicate
certificate of registration or licence
32. Grant of temporary
certificate of registration and licence
APPEALS
AND PROCEDURE
38. Payment of fees
39. Copies
WELFARE
AND HEALTH OF CONTRACT LABOUR
41. Rest-rooms
42. Canteens
WAGES
REGISTERS
AND RECORDS AND COLLECTION
OF
STATISTICS
75. Register of persons
employed
76. Employment
card
78. Muster
roll, wages register, deduction register and overtime register
APPENDIX
I
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 2 of their publication in
the Official Gazette.
2. W.ef. 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.
(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. -
(l) (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.
(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. -
(l) 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. -
(l) 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. -
(l) 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. -
(l) 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 precedings 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.
(l) 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 Munocipality, 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.
(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.
(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.
(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 (TV 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.
(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).
[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.
[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
[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 |
|
[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).
[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
[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: |
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).
[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).
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.
[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).
[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.
[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).
[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…………….
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.
[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 |
|
[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 |
|
|
|
|
|
|
(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.
(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………
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.
[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 |
|
1[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.
1[See rule 78(l)
(a) (i)]
Register of
Deductions for Damage or Loss
1. Subs. by G.S.R. 948, dated, 12th July,
1978.
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 |
|
[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 |
|
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.
1[See rule 78 (1)
(a) (iii)]
Register of
overtime
1. Subs. by G.S.R. 948, dated 12th July,
1978.
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 |
|
[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……………….
[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…………..
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 |
|
[Rule 38 (1)]
Serial
Number |
Officers |
Headquarters
of the Officers |
1 |
2 |
3 |
1. ALC (C) 2. RLC (C) 3. ALC (C) 4. ALC (C) 5. RLC (C) 6. ALC (C) 7. RLC (C) 8. ALC (C) 9. ALC (C) 10. ALC (C) 11. RLC (C) 12. ALC (C) 13.
RLC (C) |
Delhi Ajmer Ajmer Adipur Asansol Asansol Bombay Bombay Nagpur Vasco-De-Gama Calcutta Calcutta Gauhati |
Delhi Ajmer Ajmer Adipur Asansol Asansol Bombay Bombay Nagpur Vasco-De-Gama Calcutta Calcutta Gauhati |
14. RLC (C) 15. ALC (C) 16. ALC (C) 17. ALC (C) 118. RLC (C) 19. ALC (C) 20. ALC (C) 21. ALC (C) 22. RLC (C) 23. ALC (C) 24. ALC (C) 25. ALC (C) 26. RLC (C) 27. ALC (C) 28. RLC (C) 29. RLC (C) 30. ALC (C) 31. RLC (C) 32. ALC (C) 33. ALC (C) 34. RLC (C) 35. ALC (C) 36. ALC (C) 37. ALC (C) 38. ALC (C) 39. ALC (C) 40.
ALC (C) |
Dhanbad Dhanbad Chaibasa Hazaribagh Hyderabad Hyderabad Vijayawada Visakhapatnam Jabalpur Jabalpur Raipur Shahdol Kanpur Kanpur Chandigarh Bhubaneshwar Bhubaneshwar Madras Madras Emakulam Bangalore Bellary Dehradun Rohtak Jagdalpur Jaipur Kolar Gold Fields |
Dhanbad Dhanbad Chaibasa Hazaribagh Hyderabad Hyderabad Vijayawada Visakhapatnam Jabalpur Jabalpur Raipur Shahdol Kanpur Kanpur Chandigarh Bhubaneshwar Bhubaneshwar Madras Madras Emakulam Bangalore Bellary Dehradun Rohtak Jagdalpur Jaipur Kolar
Gold Fields |
1. Ins. by G.S.R., 657, dated 11th August,
1987 (w.e.f. 22nd August, 1987).
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
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
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 |