The Department has further invited comments and suggestions before a period of 30 days from when the Draft Rules are published in the Official Gazette.
For a detailed read of the key takeaways that the Draft Rules propose, please refer to the table below:. Draft Rules Implication Rule Security:. Before a license is issued an amount calculated at the rate of Rs. Rule Security :.
Under the Principal Rules, the contractor has to deposit a security amount before a license is issued at amount calculated at the rate of Rs. The security amount is deposited for due performance of the conditions of the license and compliance with the provisions of the Act and Rules.
Rule Fees-. If the number of workmen proposed to be employed on contract on any day-. If the number of workmen employed by the contractor any day —. Every license granted under Rule 25 or renewed under Rule 29 shall remain in force for 12 months from the date it is granted or renewed.
Rule Validity of license:. Every license granted under Rule 25 shall remain in force for the period mentioned in Form V.
The validity period of license obtained by every contractor under Rule 21 of the Principal Rules is presently a period of 12 months. The Draft Rules propose to omit the specific validity period of the license and propose that the applicant contractor while submitting his application for license will submit a certificate in Form V wherein the principal employer has to mention that the contractor has been appointed by him in relation to his establishment.
Rule Application of renewal of license-. Where a certificate of registration or license granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed a duplicate may be granted on payment of fees of Rs. Rule Grant of temporary certificate of registration or license:.
Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Registers and other records to be maintained. Effect of laws and agreements inconsistent with this Act. Power to exempt in special cases. The appropriate Government may, in the case of an emergency, direct, by notification in the Official Gazette, that subject to such conditions and restrictions if any, and for such period.
Protection of action taken under this Act. Power to give directions. The Central Government may give directions to the Government of any State as to the carrying into execution in the State of the provisions contained in this Act.
Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. Gammon of India Ltd. Power to make rules.
Short tide and commencement. If any member of the Board, not being an ex officio 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 from attending three consecutive meetings of the Board.
The Central Government may remove from office any member of the Board, if in its opinion such 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. 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 persons 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.
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 measure to carry out the decisions taken at meetings of the Board. Every question which the Board is required to take into consideration shall be considered at a 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.
Thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. His establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder insofar as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.
Matters to be taken into account in granting or refusing a licence. Gammon India ltd. Gammon India Led. Union of India. Provided that this clause shall not apply to the employment of women in pithead baths, crches and canteens and as to midwives and nurses in hospitals and dispensaries. 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.
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 of rupees five. If on the date fixed for hearing, the appellant does not appear, he Appellate Officer may dismiss the appeal for default of appearance of the appellant. Unless otherwise provided in these rules all fees to be paid under these rules shall be paid in the local treasury under the head of account "XXXII-Miscellaneous-Social and Developmental Organisations-Labour and Employment-Fees under Contract Labour Regulation and Abolition Central Rules, Central ", and receipt obtained which shall be submitted with the application or the memorandum of appeal as the case may be.
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 the officer concerned. Union of India , 1 sac The foodstuff, and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.
The charges for foodstuffs, beverages and any other items served in the canteen shall be based on 'no profit, no loss' and shall be conspicuously displayed in the canteen. 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 building ; 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 equipments 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.
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. The accounts pertaining to the canteen shall be audited once every 12 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 auditor in view of the site or the location of the canteen.
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 or females exceeds , it shall be sufficient if there is one latrine for every 25 males or females, as the case may be, up to the first , and one for every 50 thereafter.
Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings. There shall be at least one urinal for male workers up to 50 and one for female workers up to 50 employed at a time : Provided that where the number of male or female workmen, as the case may be, exceeds it shall be sufficient if there is one urinal for every 50 males or females up to the first and one for every or part thereof thereafter.
Water shall be provided by the means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals. Top b For establishments in which the number of contract labour exceeds fifty- Each First-Aid Box shall contain the following equipment.
Nothing except the prescribed contents shall be kept in the First-Aid Box. The First-Aid Box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the establishment.
A person incharge of the First-Aid Box shall be a person trained in First-Aid treatment, in establishments where the number of contract labour employed is or more.
The contractor shall fix wage periods in respect of which wages shall be payable. No wage period shall exceed one month. 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 and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.
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. All payments of wages-shall be made on a working day of the work premises and during the working time and 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 48 hours of the last working day.
Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf. All wages shall be paid in current coin or currency or in both.
Wages shall be paid without any deductions or 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, 4 of The principal employer shall ensure the presence of his authorized representative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative.
The authorised representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of Wages or the 13 [Register of Wage- 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 workman concerned in my presence on Registers of contractors.
Register of persons employed. Employment card. Service certificate. Every contractor shall display an abstract of the Act and rules in English and Hindi and in the' language spoken by the majority of workers in such form as may be approved by the Chief Labour Commissioner Central. I i Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspectors having jurisdiction, and date of payment of unpaid wages.
Not e. Name and location of the Establishment. Postal address of the Establishment. Full name and address of the principal Employer furnish father's name in the case of individuals. Full name and address of the Manager or person responsible for the supervision and control of the Establishment. Nature of work carried on in the Establishment. I hereby declare that the particulars given above are true to the best of my knowledge and belief.
Principal Employer. Date Government of India Office of the Registering Officer A Certificate of Registration containing the following particulars is hereby granted under sub section 2 of Section 7 of the Contract Labour Regulation and Abolition Act, , and the rules made thereunder, to Names and addresses of Contractors. Nature of work in which Contract Labour is employed or is to be employed. Maximum number of Contract Labour to be employed on any day through each Contractor.
Other particulars relevant to the employment of Contract Labour. Signature of Registering Officer with Seal. Name and address of the contractor including his father's name in case of individuals. Date of birth and age in case of individuals. 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 date of Certificate of Registration of the Establishment under the Act ; d Name and address of the Principal Employer.
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 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 on the Establishment on any date; 5.
Whether the contractor was convicted of any offence within the preceding five years. If so, give details. 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. 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.
Whether a certificate by the Principal Employer, in Form V is enclosed. Amount of licence fee paid-under of Treasury Challan and date. Particulars of security deposit, if any, requested to be adjusted, including treasury number and date. The amount of security or balance, if any, after adjustment of amount to be refunded under Rule 31, if any, deposited with Treasury Receipt number and date. Signature of the Applicant Contractor Place. Date Note. I Undertake to be bound by all the provisions of the Contract Labour Regulation and Abolition Act, and the Contract Labour Regulation and Abolition Central Rules, , insofar as the provisions are applicable to me in respect of the employment of Contract Labour by the applicant in my establishment.
Place Signature of Principal Employer Date. Name and address of Establishment Top. Place: Date: Signature of the Applicant. Licence is hereby granted to under Section 12 1 of the Contract Labour Regulation and Abolition Act, , subject to the conditions specified in Annexure. This 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.
The licence shall remain in force till- date to be indicated. Date Signature and Seal of the Licensing Officer. 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 play-room and sufficient number of cots and beddings 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. Name and address of the contractor hereby intimate that the contract work Name of work in establishment of Name and address of principal employer for which licence No , dated.. Signature of Contractor To The Inspector,.. Name and address of the contractor.
Number and date of the licence. Date of expiry of the previous licence. Whether the licence of the contractor was suspended or revoked. Number and date of the treasury receipt enclosed. Signature of the Licensing Officer Top. Name and location of the establishment. Postal address of the establishment. Full name and address of the Principal employer furnish fathers name in the case of individuals. Full name and address of the Manager or person responsible for the supervision and control of the establishment.
Nature of work carried on in the establishment, 6. Particulars of contract labour: A. Nature of work in which contract labour is to be employed and reasons for urgency. Maximum number of contract labour to be employed on any day. Estimated date of termination of employment of contract labour. Date Government of India Office of the [Registering Officer] 24 A Temporary Certificate of Registration containing the following particulars is hereby granted under sub-section 2 of Section 7 of the Contract Labour Regulation and Abolition Act, , and the rules made thereunder, to..
Valid from to 1. Nature of work carried on in the establishment. Nature of work in which Contract Labour is to be employed. Maximum number of Contract Labour to be employed on any day. Signature of Registering officer with Seal Top. Name and address of the contractor including his fathers name in case of individuals. Particulars of Establishment where Contract Labour is to be employed- a Name and address of the Establishment b Type of business, trade, industries manufacture or occupation, which is carried on in the establishment ; c Name and address of the Principal Employer.
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 day.
If so, give details of the Principal Employer, Establishments and nature of work. Place Signature of the Applicant Date. Contractor To be filled in the Office of the Licensing Officer Date of receipt of the application with challan fee for Security Deposit.
Name and address of the Principal Employer Name and address of the establishment. Full name and address of the Principal Employer. Full name of the Manager or person responsible for supervision and control of the establishment.
Number of Contractors who worked in the establishment during the year Give details in Annexure. Total number of days during the year on which contract labour was employed. Total number of mandays worked by contract labour during the year. Maximum number of workmen employed directly on any day during the year. Total number of days during the year on which direct labour was employed. Total number of mandays worked by directly employed workmen.
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. While the Crche 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 odours are given off or in which excessively noisy processes are carried on.
In either case, the flooring and the walls up to a height of 3 ft. Children above 2 years of age should be given wholesome refreshments.
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