THE CONTRACT LABOURRegulation and Abolition Act-1970

Prohibition

• The appropriate government can prohibit the employment of any contract labor in spite of anything which is contained in the act

• They should consult with the central govt: or state govt: for doing so by notification in the official gazette

• Before issuing any notification, the govt: should consider the conditions of work and benefits provided to the contract labors and other relevant factors

Prohibition

• (a) whether the process, operation or other work is incidental to, or necessary

• (b) whether it is of perennial nature• (c) Whether it is done ordinarily through regular workmen in that establishment or an establishment similar

• (d) Whether it is sufficient to employ considerable number of whole-time workmen

Licensing

Licensing officer • Gazette Officer of the government• The act defines the limit with in which the licensing officer

shall exercises his powers.

Licensing of contractors

The contractors shall undertake or execute any work ,

under and in accordance with a license issued in that

behalf by the licensing officer

Licensing• Subject to the provisions of this Act, a license may

contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules.

Grant of License• Every application for the grant of license shall be made in

the prescribed application form and shall contain the particulars regarding

• Location of the establishment• Nature of process• Operation or work for which the labor is employed

The above conditions will be investigated by the licensing officer and it will be valid for a certain specified period .

Welfare and Health of Contract Labour • The Act has laid down certain amenities to be provided by

the contractor to the contract labour for establishment of Canteens and rest rooms ; and arrangements for sufficient supply of wholesome drinking water, washing facilities and first aid facilities and have been made obligatory.

• In cases of failure on the part of the contractor to provide these facilities, the Principal Employer is liable to provide the same.

Canteens

• The appropriate govt. can make rules in establishments where;

• The Contract Labour Act ( Regulation and Abolition) Act, 1970 is applicable

• Term of employment of contract labour is as per the prescribed period

• No. of contractors- 100 or more• Rules pertain to the date, the no. of canteens and the

foodstuffs served.

Rest-rooms• Required to halt at night in connection with the work of the

establishment.• The contractors shall provide and maintain rest-rooms or

other suitable alternative accommodation within a prescribed time.

• The rest-room or accommodation provided should be sufficiently lighted and well ventilated and shall be maintained in a clean and comfortable condition.

• OTHER FACILITIES• Drinking water, sufficient no. of urinals and latrines at

accessible and convenient places, washing facilities.

First-aid facilities• First-aid box with the prescribed contents must be readily

accessible during all working-hours.• LIABILITY OF PRINCIPAL EMPLOYER IN CERTAIN

CASES• If any of the amenities required is not provided by the

contractor within the prescribed time, it must be provided by the principal employer.

• All expenses incurred by the principal employer in providing the amenity should be recovered from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

Penal Provision and Other Provisions

Obstructions• Obstructing an inspector during discharge of his duties under

the Act or refusing or willfully neglecting to afford the inspector of any reasonable facility(inspection, examination, inquiry or investigation) shall be punishable with imprisonment for a term which may extend to 3 months or fine upto Rs.500 or both.

• Refusal to produce any register or document on demand by the inspector in pursuance of this Act or preventing any person from being examined by the inspector is subjected to the same penalty.

• For contravention of the provisions of the Act or any rules made thereunder, the punishment is imprisonment for a maximum term upto 3 months and a fine upto a maximum of Rs.1000/-.

Penalties and Other Provisions

Offences by Companies

• If the person committing an offence under this act is a

company, the company as well as every person in charge and

responsible for its conduct at the time of commission of offence

shall be deemed to be guilty of offence.

• If the person is able to prove that the offence was committed

without his knowledge or exercised due diligence to prevent

commission of such offence, he is exempted from the

punishment.

Provisions• The complaint has to be registered within 3 months from

the date on which the alleged offence came to the knowledge of the inspector.

• In case of disobeying a written order made by the inspector, the offence has to be reported within 6 months of the date of commitment of offence.

• The court (Presidency Magistrate or a First class Magistrate) will not accept any offence unless the complaint has been made in writing by the inspector.

Inspecting Staff• The appropriate Government may, by notification in the Official

Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act.

The powers of the inspector• Within the local limits, enter at all reasonable hours in any

premises or place where contract labour is employed for examining any register or record.

• Examine any workman employed in any such premise or place.

• Seize or take copies of registers, record of wages, notices relevant in respect of an offence.

Records and Registers• The Object of the Contract Labour Regulation and

Abolition) Act, 1970 is to prevent exploitation of contract labour and also to introduce better conditions of work.

• According to this Law the Principal Employer has to maintain certain registers like the Contractor Register, Workmen register etc.

• Labour works can help generating the same very easily.

• Every principal employer and every contractor shall maintain such registers and records giving particulars of contract labour employed, the nature of work performed by the contract labour, the rates of wages paid to the contract labour and such other particulars in such form as may be prescribed.

 • Every principal employer and every contractor shall keep

exhibited in such manner as may be prescribed within the premises of the establishment where the contract labour is employed, notices in the prescribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed.

Recordkeeping and information requirements imposed upon employers 

worker shall manage following records:-

(A) the basis on which wages are paid

(B) the number of piecework units earned, if paid on a piecework basis

(C) the number of hours worked

(D) the total pay period earnings

• (E) the specific sums withheld and the purpose of each sum withheld

(F) the net pay

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