Contract Labor (Regulation and Abolition) Act, 1970

(1) This Act may be called the Contract Labor (Regulation and Abolition) Act, 1970

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

(4) It applies-

(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labor;

(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen:

PROVIDED that the appropriate government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.

(5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed.

(b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate government shall decide the question after consultation with the Central Board or, as the case may be, as State Board, and its decision shall be final.

Explanation: For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature-

(i) if it was performed for more than one hundred and twenty days in the preceding twelve months, or

(ii) if it is of a seasonal character and is performed for more than sixty days in a year.

In these rules, unless the subject or context otherwise requires:

(a) "Act" means the Contract Labor (Regulation and Abolition) Act, 1970;

(b) "Appellate Officer" means the Appellate Officer appointed by the Central Government under sub-section (1) of section 15;

(c) "Board" means the Central Advisory Contract Labor Board constituted under section 3;

(d) "Chairman" means the Chairman of the Board;

(e) "Committee" means a Committee constituted under sub-section (1) of section 5;

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

(g) "Section" means a section of the Act.

(1) The Central Government shall, as soon as may be, constitute a Board to be called the Central Advisory Contract Labor Board (hereinafter referred to as the Central Board) to advise the Central Government on such matter arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act.

(2) The Central Board shall consist of-

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

(b) the Chief Labor Commissioner (Central), ex officio;

(c) such number of members, not exceeding seventeen but not less than eleven, as the Central Government may nominate to represent that government, the Railways, the coal industry, the mining industry, the contractors, the workmen and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Board.

(3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Central Board shall be such as may be prescribed:

PROVIDED that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors.

(1) The State Government may constitute a Board to be called the State Advisory Contract Labor Board (hereinafter referred to as the State Board) to advise the State Government on such matters arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act.

(2) The State board shall consist of-

(a) a Chairman to be appointed by the State Government;

(b) the Labor Commissioner, ex officio, or in his absence any other officer nominated by the State Government in that behalf;

(c) such number of members, not exceeding eleven but not less than nine, as the State Government may nominate to represent that government, the industry, the contractors, the workmen and any other interests which, in the opinion of the State Government, ought to be represented on the State Board.

(3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies, among, the members of the State Board shall be such as may be prescribed:

PROVIDED that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors.

(1) The Central Board or the State Board, as the case may be, may constitute such committees and for such purpose or purposes as it may think fit.

(2) The committee constituted under sub-section (1) shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

(3) The members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed:

PROVIDED that no fees shall be payable to a member who is an officer of government or of any corporation established by any law for the time being in force.

The appropriate government may, by an order notified in the Official Gazette-

(a) appoint such persons, being Gazetted Officers of government, as it thinks fit to be registering officers for the purpose of this chapter; and

(b) define the limits, with in which a registering officer shall exercise the powers conferred on him by or under this Act.

(1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate government may, by notification in the Official Gazette, fix in this behalf with respect to establishment generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment:

PROVIDED that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time.

(2) If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed.

If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate government, revoke the registration.

No principal employer of an establishment, to which this Act applies, shall-

(a) in the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section;

(b) in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labor in the establishment after the expiry of the period referred to in clause (a) or after the revocation of registration referred to in clause (b), as the case may be.

10. Prohibition of employment of contract labor

(1) Notwithstanding anything contained in this Act, the appropriate government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labor in any process, operation or other work in any establishment.

(2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate government shall have regard to the conditions of work and benefits provided for the contract labor in that establishment and other relevant factors, such as-

(a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment;

(b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment;

(c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto;

(d) whether it is sufficient to employ considerable number of whole-time workmen.

Explanation : If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate government thereon shall be final.

The appropriate government may, by an order notified in the Official Gazette-

(a) appoint such person, being Gazetted Officers of government, as it thinks fit to be licensing officers for the purposes of this chapter; and

(b) define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act.

(1) With effect from such date as the appropriate government may, by notification in the Official Gazette, appoint no contractor to whom this Act applies, shall undertake or execute any work through contract labor except under and in accordance with a license issued in that behalf by the licensing officer.

(2) Subject to the provisions of this Act, a license under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labor as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed.

(1) Every application for the grant of license under sub-section (1) of section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labor is to be employed and such other particulars as may be prescribed.

(2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed.

(3) A license granted under this chapter shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed.

(1) If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-

(a) a license granted under section 12 has been obtained by misrepresentation or suppression of any material fact, or

(b) the holder of a license has, without reasonable cause, failed to comply with the conditions subject to which the license has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then without prejudice to any other penalty to which the holder of the license may be liable under this Act, the licensing officer may, after giving the holder of the license an opportunity of showing cause, revoke or suspend the license or forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the license has been granted.

(2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a license granted under section 12.

(1) Any person aggrieved by an order made under section 7, section 8, section 12 or section 14 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate government:

PROVIDED that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard dispose of the appeal as expeditiously as possible.

(1) The appropriate government may make rules requiring that in every establishment-

(a) to which this Act applies,

(b) wherein work requiring employment of contract labor is likely to continue for such period as may be prescribed, and

(c) wherein contract labor numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labor.

(2) Without prejudice to the generality of the foregoing power, such rules, may provide for-

(a) the date by which the canteens shall be provided;

(b) the number of canteens that shall be provided, and the standards in respect of construction, accommodation, furniture and other equipment of the canteens; and

(c) the foodstuffs which may be served therein and the charges which may be made therefor.

(1) In every place where in contract labor is required to halt at night in connection within the work of an establishment-

(a) to which this Act applies, and

(b) in which work requiring employment of contract labor is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of the contract labor such number of rest-rooms or such other suitable alternative accommodation with such time as may be prescribed.

(2) The rest-rooms or the alternative accommodation to be provided under subsection (1) shall be sufficiently lighted and ventilated and shall be maintained in clean and comfortable condition.

It shall be the duty of every contractor employing contract labor in connection with the work of an establishment to which this Act applies, to provide and maintain-

(a) a sufficient supply of wholesome drinking-water for the contract labor at convenient places;

(b) a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labor in the establishment; and

(c) washing facilities.

There shall be provided and maintained by the contractor so as to be readily accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labor is employed by him.

(1) If any amenity required to be provided under section 16, section 17, section 18, or section 19 for the benefit of the contract labor employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed.

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

(1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labor and such wages shall be paid before the expiry of such period as may be prescribed.

(2) Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.

(3) It shall be the duty of the contractor or ensure the disbursement of wages in the presence of the authorized representative of the principal employer.

(4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labor employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

(1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or willfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorized by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

(2) Whoever willfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both.

Whoever contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or regulating the employment of contract labor, or contravenes any condition of a license granted under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

If any person contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

PROVIDED that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation : For the purpose of this section-

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

No court shall take cognizance of any offence under this Act except on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector:

PROVIDED that where the offence consists of disobeying a written order made by an inspector, complaint, thereof may be made within six months of the date on which the offence is alleged to have been committed.

(1) 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.

(2) Subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed-

(a) enter, at all reasonable hours, with such assistance (if any), being persons in the service of the government or any local or other public authority as he thinks fit, any premises or place where contract labor is employed, for the purpose of examining any register or record or notice required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection:

(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a workman employed therein;

(c) require any person giving out work and any workman, to give any information, which is in his power to give with respect to the names and addresses of the person to, for and from whom the work is given out or received, and with respect to the payments to be made for the work;

(d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by the principal employer or contractor; and

(e) exercise such other powers as may be prescribed.

(3) Any information required to produce any document or thing or to give any information required by an inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code, 1860 (45 of 1860).

(4) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under sub-section (2) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code.²

(1) Every principal employer and every contractor shall maintain such register and records giving such particulars of contract labor employed, the nature of work performed by the contract labor, the rate of wages paid to the contract labor and such other particulars in such form as may be prescribed.

(2) 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 labor 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.

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of the Act:

PROVIDED that where under any such agreement, contract of service or standing orders the contract labor employed, in the establishment are entitled to benefits in respect of any matter which are more favorable to them than those to which they would be entitled under this Act, the contract labor shall continue to be entitled to the more favorable benefits in respect of that matter, notwithstanding that they received benefits in respect of other matters under this Act.

(2) Nothing contained in this Act shall be construed as precluding any such contract labor from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favorable to them than those to which they would be entitled under this Act.

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 or periods, as may be specified in the notification, all or any of the provisions of this Act or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.

(1) No suit, prosecution or other legal proceedings shall lie against any registering officer, licensing officer or any other government servant or against any member of the Central Board or the State Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

(2) No suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

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.

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.

(1) The appropriate government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-

(a) the number of persons to be appointed members representing various interests on the Central Board and the State Board, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies;

(b) the times and places of the meetings of any committee constituted under that Act, the procedure to be followed at such meeting including the quorum necessary for the transaction of business, and the fees and allowances that may be paid to the members of a committee;

(c) the manner in which establishments may be registered under section 7, the levy of a fee therefor and the form of certificate of registration;

(d) the form of application of the grant or renewal of a license under section 13 and the particulars it may contains;

(e) the manner in which an investigation is to be made in respect of an application for the grant of a license and the matters to be taken into account in granting or refusing a license;

(f) the form of a license which may be granted or renewed under section 12 and the conditions subject to which the license may be granted or renewed, the fees to be levied for the grant or renewal of a license and the deposit of any sum as security for the performance of such conditions:

(g) the circumstances under which licenses may be varied or amended under section 14;

(h) the form and manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposing of the appeals;

(i) the time within which facilities required by this Act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer;

(j) the number and types of canteens, rest-rooms, latrines and urinals that should be provided and maintained;

(k) the type of equipment that should be provided in the first-aid boxes;

(l) the period within which wages payable to contract labor should be paid by the contractor under sub-section (1) of section 21;

(m) the form of registers and records to be maintained by principal employers and contractors;

(n) the submission of returns, forms in which, and the authorities to which, such returns may be submitted;

(o) the collection of any information or statistics in relation to contract labor; and

(p) any other matter which has to be, or may be, prescribed under this Act.

(3) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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

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

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

(b) the Chief Labor Commissioner (Central)-ex officio;

(c) ¹[three persons] representing the Central Government, to be appointed by that government from amongst its officials;

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

(e) ³[five] persons, one representing the employers in coal mines, ²[two] representing the employers in other mines and two representing contractors to whom the Act applies, to be appointed by the Central Government after consultation with such organization, if any, of the employers and the contractors as may be recognized by the Central Government;

(f) ³[seven] persons,.³[two] representing the employees in the Railways, one representing the employees in coal mines, ³[two representing the employees in other mines, and two representing the employees of the contractors to whom the Act applies, to be appointed by the Central Government after consultation with such organization, if any, of employees representing the respective interest as may be recognized by the Central Government.

(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 of the Board, referred to in clauses (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 clauses (e) and (f) of Rule 3 shall hold office as such for a period of three years commencing from 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 members shall, notwithstanding the expiry of the period of his office, continue to hold such office until the appointment of his successor has been notified in the Official Gazette.

(4) If a member is unable to attend a meeting of the Board, and 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 said Board, nominate a substitute in his place to attend the meeting and such a substitute member shall have all the rights of a member in respect of that meeting and any decision taken at the meeting shall be binding on the said body.

(1) A member of the Board , not being an 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 the letter of resignation by that Government whichever is earlier.]

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, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of the Board.

(1) A person shall be disqualified for being reappointed, 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) If a question arises as to whether a disqualification has been incurred under sub-rule (1), the Central Government shall decide the same.

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.

(1) (i) The Central Government may appoint one of its officials as Secretary to the Board and appoint such other staff as it may think necessary to enable the Board to carry out its functions.

(ii) The salaries and allowances payable to the staff and the other conditions of service of such staff shall be such as may be decided by the Central Government.

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 decisions taken at meetings of the Board.

(1) The traveling allowance 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 traveling allowance for attending the meeting of the Board at such rates 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.

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 quality of votes, the Chairman shall have a second or a casting vote.

Explanation: "Chairman" for the purposes of this rule shall include the Chairman nominated under Rule 13 to preside over a meeting.

(1) The Board shall meet at such places and times as may be specified by the Chairman.

(2) The Chairman shall preside over every meeting of the Board at which he is present and in his absence nominate a member of the Board to preside over such meeting.

(1) Ordinarily seven days' notice shall be given to the members of a proposed meeting.

(2) No business which is not on the list of business for a meeting shall be considered at the meeting without the permission of the Chairman.

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 member attending.

(1)(i) The Board may constitute such Committees and for such purpose or purposes as it may think fit.

(ii) While constituting the Committee the Board may nominate one of its members to be the Chairman of the Committee.

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

(ii) The provisions of Rules 12, 13(2), 14 and 15 shall apply to the Committee for transaction of business at its meetings 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 meetings of the Committee, as they apply to the members of the Board.

(1) The application referred to in sub-section (1) of section 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 (l) shall be accompanied by a ⁵[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 acknowledgement to the applicant.

(1) The certificate of registration granted under sub-section (2) of section 7 shall be in Form II.

(2) Every certificate of registration granted under sub-section (2) of section 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 labor in the establishment;

(c) the type of business, trade, industry, manufacture or occupation which is carried on in the establishment;

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

(3) The registering officer shall maintain a register in Form Ill showing the particulars of establishments 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 certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

(1) If any application for registration is not complete in all respects , the registering officer shall require the principal employer to amend the application so as to make it complete in all respects.

(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.

(1) Where on receipt of the intimation under sub-rule(4) of Rule 18,the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to ⁵[pay] 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 ⁵[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 From Ill unless the appropriate fees have been deposited by the principal employer.

(1) Every application by a contractor for the grant of a license 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 license 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 the Act and the rules made there under in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labor 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 acknowledgement to the applicant.

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

In granting or refusing to grant a license, 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 preceding 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 of settlement for the abolition of contract labor 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 section 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 rate specified in rule 24.

⁴[(1) On 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 license.]

(2) (i) Where the licensing officer is of opinion that the license 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) Before a license is issued, an amount calculated at the rate of ⁶[Rs. 90] for each of the workman to be employed as contract labor, in respect of which the application for license has been made, shall be deposited by the contractor for due performance of the conditions of the license and compliance with the provisions of the Act or the rules made there under:

⁷[PROVIDED that where the contractor is a Co-operative Society, the amount deposited as security shall be at the rate of ⁶[Rs. 15] for each workman to be employed as a contract labor.]

⁸[(1A) Where the applicant for the license was holding a license in regard to another work and that license had expired, the licensing officer, if he is of the view that any amount out of the security deposited in respect of that license is to be directed to be refunded to the applicant under Rule 31, may, on an application made for that purpose in Form V-A by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the new license and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.

(2) ⁹[The amount of security, or 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-Departmental and judicial Deposits-Civil Deposits; Deposits, under Contract Labor (Regulation and Abolition) Act, 1970 (Central)".

(1) Every license granted under sub-section (1) of section 12 shall be in Form VI.

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

(i) the license shall be non-transferable;

(ii) the number of workmen employed as contract labor in the establishment shall not, on any day, exceed the maximum number specified in the license;

(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the license 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 (11 of 1948), for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, 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 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 Labor Commissioner (Central) ¹⁰[* * *];

(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 the Chief Labor Commissioner (Central);

Explanation: While determining the wage rates, holidays, hours of work and other conditions of service under (b) above, the Chief Labor Commissioner shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments ;

(vi) (a) in every establishment where twenty or more women are ordinarily employed as contract labor, 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 play-room for the children and the other as bedroom for the children;

(c) the contractor shall supply adequate number of toys and games in the play-room and sufficient number of cots and bedding in the sleeping-room;

(d) the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Chief Labor Commissioner (Central);

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

¹¹[(viii) the licensee shall, within fifteen days of the commencement and completion of each contract work submit a return to the inspector, appointed under section 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];

⁵[(ix) a copy of the license shall be displayed prominently at the premises where the contract work is being carried on];

¹²[(x) no female contract labor shall be employed by any contractor before 6.00 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 midwives and nurses in hospital and dispensaries.]

(1) The fees to be paid for the grant of a certificate of registration under section 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. 1200

(f) exceeds 400 Rs. 1500

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

If the number of workmen employed by the contractor on any day-

(a) is 20 Rs. 15

(b) exceeds 20 but does not exceed 50 Rs. 37.50

(c) exceeds 50 but does not exceed 100 Rs. 75

(d) exceeds 100 but does not exceed 200 Rs. 150

(e) exceeds 200 but does not exceed 400 Rs. 300

(f) exceeds 400 Rs. 375.]

Every license granted under Rule 25 or renewed under Rule 29 shall remain in force for twelve months from the date it is granted or renewed.

(1) A license 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 the license amended shall submit to the licensing officer an application stating the nature of the amendment and reasons therefor.

(3)(i) If the licensing officer allows the application he shall require the applicant to furnish a ⁵[demand draft] for the amount, if any, by which the fees that would have been payable if the license had been originally issued in the amended form exceeds the fees originally paid for the license.

(ii) On the applicant furnishing the requisite ⁵[demand draft] the license shall be amended according to the order 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) Every contractor shall apply to the licensing officer for renewal of the license.

(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 license expires, and if the application is so made, the license shall be deemed to have been renewed until such date when the renewed license is issued.

(3) The fees chargeable for renewal of the license shall be the same as 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 fee ordinarily payable for the license shall be payable for such renewal:

PROVIDED FURTHER that in case where the licensing 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 thinks fit the payment of such excess fee.

Where a certificate of registration or a 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 rupees five.

(1) (i) On expiry of the period of license the contractor may, if he does not intend to have his license renewed, make an application to the licensing 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 license or there is no order under section 14 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.

(2) If there is any order directing the forfeiture of any portion of the security, the amount to be forfeiteds hall 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 60 days of the receipt of the application.

(1) Where conditions arise in an establishment requiring the employment of contract labor 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 a temporary certificate of registration or license 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 license shall be made in triplicate in Forms VIII and X respectively and shall be accompanied by a ⁵[demand draft drawn in favor of the Pay and Accounts Officer, Office of the Chief Labor Commissioner (Central), New Delhi] showing the payment of appropriate fees and in the case of license the appropriate amount of security also.

(3) On receipt of the application, complete in all respects, and on being satisfied either on affidavit 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 which could not but be carried out immediately, the registering officer or the licensing officer, as the case may be, shall forthwith grant a certificate of registration in Form IX or a license in Form XI, as the case may be, for a period of not more than fifteen days.

(4) Where a certificate of registration or license is not granted , the reasons therefor shall 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 labor 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 the contract on any day-

Rs.

(a) exceeds 20 but does not exceed 50 Rs. 30.00

(b) exceeds 50 but does not exceed 200 Rs. 60.00

(C) exceeds 200 Rs. 90.00

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

If the number of workmen to be employed by the contractor on any day-

Rs.

(a) exceeds 20 but does not exceed 50 Rs. 15.00

(b) exceeds 50 but does not exceed 200 Rs. 60.00

(c) exceeds 200 Rs. 90.00

(8) The provisions of Rule 23 and Rule 24 shall apply to the refusal to grant license or to grant license under sub-rule (4) and sub rule (3) respectively.

Chapter IV Appeals And Procedure

33. (1)(i) Every appeal under sub-section (1) of section 15 shall be preferred in the form of a memorandum signed by the appellant or his authorized 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 ⁵[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.

34. (1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of Rule 33 it may be rejected or returned to the 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) When the appeal has been admitted, the Appellate Office shall send the notice of the appeal 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 shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.

35. Failure to appear on date of hearing

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

36. Restoration of appeals

(i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the readmission of the appeal and where it is proved that he was prevented by any sufficient cause from 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 30 days of the date of dismissal.

37. Hearing of appeal

(1) If the appellant is present when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorized 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 reasons for the decisions.

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

38. Payment of Fees

(1) All amounts of money payable on account of security deposit, registration fees, license fees, appeal, supply of duplicate copies of registration certificates and in terms of any other provisions of the Act and rules shall be paid through a crossed demand draft drawn in favor 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 drafts shall be accompanied by a Challana in Form No. TR-6 (in triplicate) indicating the details of payments, 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 Labor Commissioner/Assistant Labor Commissioner (Central) as Drawing and Disbursing Officer has an account. The Assistant Labor Commissioner (Central), Delhi shall 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 Labor Commissioner, New Delhi.

(3) The payments received by the officers specified in the said annexure by way of demand draft shall be deposited in the relevant heads of accounts as shown below:-

Registration fees- " 087-Labour and Employment-Fees under Contract Labor (Regulation and Abolition) Central Rules, 1971 (adjustable in the books of the Pay and Accounts Officer, Chief Labor Commissioner), Ministry of Labor, New Delhi."

Licensing fees- "087-Labour and Employment-Fees under Contract Labor (Regulation and Abolition) Central Rules, 1971 (adjustable in the books of the Pay and Accounts Officer, Chief Labor Commissioner), Ministry of Labor, New Delhi."

Security deposits- "Deposits and Advance-Deposits not bearing interest 843- Civil Deposits under Contract Labor (Regulation and Abolition) Act, 1970 (adjustable in the books of the Pay and Accounts Officer, Chief Labor Commissioner) Ministry of Labor, New Delhi."

Duplicate copy of the registration certificates- "087-Labour and Employment Fee under Contract Labor Appeals (Regulation and Abolition) Central Rules, 1971."]

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 the officer concerned.

Chapter V : Welfare and Health of Contract Labour

40. (1) The facilities required to be provided under sections 18 and 19 of the Act, namely, sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities, shall be provided by the contractor in the case of the existing establishment within seven days of the commencement of these rules and in the case of new establishment within seven days of the commencement of the employment of contract labor therein.

(2) If any of the facilities 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

(1) In every place where in contract labor is required to halt at night in connection with the working of the establishment to which the Act applies and in which employment of contract labor 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 commencement of the employment of contract labor in new establishments.

(2) If the amenity referred to in sub-rule (1) is not provided by the contractor within the period prescribed, the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in the said sub-rule.

(3) Separate rooms shall be provided for women employees.

(4) Effective and suitable provisions 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 natural or artificial lighting.

(5) The rest-room or rooms or other suitable alternative accommodation shall be of such dimensions so as to provide at least a floor area of 1.1 sq. meter 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 protection against heat, wind, 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

(1) In every establishment to which the Act applies and wherein work regarding the employment of contract labor is likely to continue for six months and wherein contract labor numbering one hundred or more are ordinarily employed, an adequate canteen shall be provided by the contractor for the use of such contract labor within sixty days of the date of coming into force of the rules in the case of the existing establishments and within 60 days of the commencement of the employment of contract labor in the case of new establishments.

(2) If the contractor fails to provide the canteen within the time laid down the same shall be provided by the principal employer within sixty days 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 consist of at least a dining-hall, kitchen, store-room, pantry and washing places separately for workers and for utensils.

(2)(i) The canteen shall be sufficiently lighted 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 each year:

PROVIDED that the inside 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 conditions.

(ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.

(iii) Suitable arrangements shall be made for the collection and disposal of garbage.

44. Dining-hall

(1) The dining-hall shall accommodate at a time at least 30 percent of the contract labor working 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 be not less than one square meter per diner to be accommodated as prescribed in sub-rule (1).

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

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

(4) Sufficient tables, stools, chairs or benches shall be available for the number of diners to be accommodated as prescribed in sub-rule (1).

45. Furniture and utensils

(1)(i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.

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

(2)(i) Suitable clean clothes for the employees serving 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 an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.

46. The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labor.

47. Charges of Foodstuff

The charges for foodstuff, 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.

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 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.

49. Books of Accounts

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. Audit

The accounts pertaining to the canteen shall be audited once every 12 months by registered accountant and auditors:

PROVIDED that the Chief Labor 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.

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 or 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 latrine and urinal a notice in the language understood by the majority of the workers "For Men Only" or "For Women Only", as the case may be.

(2) The notice shall also bear the figure of a male or of a woman, as the case may be.

54. 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 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 lighted 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 the means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals.

57. Washing facilities

(1) 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 labor 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 labor or part thereof ordinarily employed.

59. (1) The first-aid box shall be distinctively marked with a red cross on a white ground and shall contain the following equipment namely:

(a) For establishments in which the number of contract labor 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 burn dressings;

(v) 1 (30 ml) bottle containing a two per cent alcoholic solution of iodine;

(vi) 1 (30 ml) bottle containing salvolatile having the dose and mode of administration indicated on the label;

(vii) 1 snake-bite lancet;

(viii) 1 (30 gms) 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 Labor Institutes, Government of India;

(xi) a bottle containing 100 tablets (each of 5 grains) of aspirin;

(xii) ointment for burns;

(xiii) a bottle of suitable surgical anti-septic solution.

(b) For establishments in which the number of contract labor exceeds fifty-

Each First-Aid Box shall contain the following equipment, -

(i) 12 small sterilized dressings;

(ii) 6 medium-size sterilized dressings;

(iii) 6 large-size sterilized dressings;

(iv) 6 large-size sterilized burn dressings;

(v) 6 (15 gms) packets sterilized cotton wool;

(vi) 1 (60 ml) bottle containing a two per cent alcoholic solution of iodine;

(vii) 1 (60 ml) bottle containing salvolatile having the dose and mode of administration indicated on the label;

(viii) 1 roll of adhesive plaster;

(ix) a snake-bite lancet;

(x) 1 (30 gms) bottle of potassium permanganate crystals;

(xi) 1 pair scissors;

(xii) 1 copy of the First-Aid leaflet issued by the Director-General, Factory Advice Service and Labor Institute, Government of India;

(xiii) a bottle containing 100 tablets (each of 5 grains) of aspirin;

(xiv) ointment for bums;

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

(2) Adequate arrangement shall be made for immediate recoupment of the equipment 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 the working hours of the establishment.

62. A person in charge of the First-Aid Box shall be a person trained in First-Aid treatment, in establishments where the number of contract labor employed is 150 or more.

Chapter VI : Wages

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

64. No wage period shall exceed one month.

65. The wages of every person employed as contract labor 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 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 wages shall be made on a working day at 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.

68. Wages due to every Worker shall be paid to him direct or to other person authorized 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 (4 of 1936).

71. A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the principal employer under acknowledgement.

72. 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 authorized representative.

73. The authorized 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 ⁹[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................................................................... at��".

Chapter VII : Registers and Records and Collections of Statistics

74. Register of contractors

Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII.

75. Register of persons employed

Every contractor shall maintain in respect of each registered establishment where he employs contract labor a register in Form XIII.

76. Employment card

(i) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker.

(ii) The card shall be maintained up-to-date and any change in the particulars shall be entered therein.

77. Service certificate

On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a service certificate in Form XV.

78. Muster Roll, Wages Registers, Deduction Register and Overtime Register

¹⁴[(1)(a) Every contractor shall in respect of each work on which he engages contract labor-

(i) maintain a Muster Roll and a Register of Wages in Form XVI and Form XVII respectively:

PROVIDED that a combined Register of Wage-cum-Muster Roll in Form XVIII 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 XXIIII recording therein the number of hours of , and wages paid for, overtime works, if any.

(b) Every contractor shall, where the wage period is one week or more, issue wage slips in Form XIX, to the workman 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 authorized representative and shall also be duly certified by the authorized representative of the principal employer in the manner provided in 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 (11 of 1948) or the rules made thereunder, the following registers and records required to be maintained by a contractor as employer under those Acts and the rules made thereunder shall be deemed to be registers 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.]

(2) 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 regulations or in cases where mechanized payrolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the ¹⁵[Regional Labor Commissioner (Central).]

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 workers in such form as may be approved by the Chief Labor Commissioner (Central).

80. (1) All registers and other records required to be maintained under the Act and rules, shall be maintained complete and up-to-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 kilometres.

⁵[(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 in original for a period of three calendar years from the date of last entry therein.

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

(5) Where no deduction 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 XXIII respectively.

81. (1)(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, shall be displayed in English and 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 or 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.

¹¹[(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 section 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. Returns

(1) Every contractor shall send half-yearly return in Form XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year.

(2) Every principal employer of a registered establishment shall send annually a return in Form XXV (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.

¹⁶[(3) The returns to be submitted under this rule by contractor/or principal employer shall be correct, complete and up-to-date in all respects];

83. (1) The Board ,Committee ,Chief Labor Commissioner (Central) or the Inspector or any other authority under the Act shall have the powers to call for any information or statistics in relation to contract labor 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.

[Rule 17(1)]

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 individual).

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 labor:

(a) Names and addresses of contractors.

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

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

¹¹[(cc) Estimated date of commencement of each contract work under each contractor.]

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

¹¹[7. Particulars 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.

FORM II : CERTIFICATE OF REGISTRATION

[Rule 18(1)]

No. Date��..

Government of India

Officer 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 Labor (Regulation and Abolition) Act, 1970, and the rules made there under ,to ............................................................................

1. Nature of work carried on in the establishment.

2. Names and addresses of Contractors.

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

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

5. Other particulars relevant to the employment of contract labor

Signature of Registering

Officer with Seal

FORM III : REGISTER OF ESTABLISHMENTS

[Rule 18(3)]

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 labor

Name and address of contractor	Nature of work in which contract labor is employed or is to be employed	Maximum No. of contract labor to be employed on any day	Probable duration of employment of contract labor	Remarks
7	8	9	10	11

FORM IV : APPLICATION FOR LICENCE

[Rule 21 (l)]

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 individuals).

3. Particulars of Establishment where contract labor 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.

4. Particulars of contract labor-

(a) Nature of work in which contract labor 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 labor 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 license 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, establishments, and nature of work.

8. Whether a certificate by the Principle Employer in Form V is enclosed.

⁵[9. Amount of license 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.

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 the receipt of the application with 'demand draft' and the challan for fees/security deposit.]

DECLARATION

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

Signature of the Applicant

(Contractor)

Place: ........................

Date : ........................

Note: The application should be accompanied by a Treasury Receipt for the appropriate amount and a certificate in Form V from the Principal Employer.

(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

[Rule 21(2)]

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 Labor (Regulation and Abolition) Act, 1970, and the Contract Labor (Regulation and Abolition) Central Rules, 1971, insofar as the provisions are applicable to me in respect of the employment of Contract Labor by the applicant in my establishment.

Place: ......................... Signature of Principal Employer

Name and address of Establishment Date..............

⁸[FORM V-A : APPLICATION FOR ADJUSTMENT OF SECURITY DEPOSIT

[Rule 24(1A)]

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)	(2)	(3)	(4)

⁵[No. and date of the demand draft of the security deposit in respect of the previous license ]	Amount of previous security deposit	⁵[No. and date of the demand draft of the balance of security deposit , if any, required on the fresh contract]
(5)	(6)	(7)

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
(8)	(9)	(10)	(11)

Place:

Date: Signature of the Applicant

FORM VI : GOVERNMENT OF INDIA OFFICE OF LICENSING OFFICER

[Rule 25(1)]

License No��. Dated�� Fee paid Rs ��..

License

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

⁹[2. This license 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 license shall remain in force till-(date to be indicate).

Date..................... Signature and Seal of Licensing Officer

RENEWAL

[Rule 29]

Date of renewal	Fee paid for renewal	Date of expiry
1.
2.
3.

Date��. Signature and Seal of the Licensing Officer

ANNEXURE

The license is subject to the following conditions-

(1) The license shall be non-transferable.

(2) The number of workmen employed as contract labor 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 license 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 Labor Commissioner (Central), whose decision shall be final.

(6) 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 the Chief Labor Commissioner (Central).

(7) In every establishment where 20 or more women are ordinarily employed as contract labor there shall be provided two rooms of reasonable dimensions 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 bedroom 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 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 Labor Commissioner (Central).

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

⁸[(9) A copy of the license shall be displayed prominently at the premises where the contract work is being carried on.]

¹⁶[(10) The licensee shall, within fifteen days of the commencement and completing of each contract work submit a return to the Inspector appointed under section 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.]

¹⁷[FORM VI-A] : NOTICE OF COMMENCEMENT / COMPLETION OF CONTRACT WORK

[Rule 25(2)(viii)]

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

Signature of Contractor(s)

To

The Inspector,

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

FORM VI-B : NOTICE OF COMMENCEMENT/COMPLETION OF CONTRACT WORK

[Rule 81 (3)]

(1) Name of the principal employer and address..........

(2) No. 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 license No ��, dated ��.has been commenced / completed with effect from (date) / on (date).

Signature of the Principal Employer

To

The Inspector,

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

FORM VII : APPLICATION FOR RENEWAL OF LICENCE

[Rule 29(2)]

1. Name and address of the contractor.

2. Number and date of the license.

3. Date of expiry of the previous license.

4. Whether the license of the contractor was suspended or revoked.

⁵[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.................

Date...................

Signature of the Applicant

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

Date of receipt of the application with

Treasury Receipt No. and date.

Signature of the Licensing Officer

FORM VIII : APPLICATION FOR TEMPORARY REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR

[Rule 32(2)]

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 contract labor:

(A) Nature of work in which contract labor is to be employed and reasons for urgency.

(B) Maximum number of contract labor to be employed on any day.

(C) Estimated date of termination of employment of contract labor.

⁵[7. Particulars of demand draft enclosed (named 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 Office of the Registering Officer

Time and date of receipt of application with

Treasury Receipt ¹⁸[* * *]

FORM IX : TEMPORARY CERTIFICATE OF REGISTRATION

[Rule 32(3)]

No. Date of Expiry�.

Date

Government of India

Office of the ¹⁹[Registering Officer]

A Temporary Certificate of Registration containing the following particulars is hereby granted under sub-section (2) of section 7 of the Contract Labor (Regulation and Abolition) Act, 1970, and the rules made thereunder, to ��.. valid from ��. to ��

1. Nature of work carried on in the establishment.

2. Nature of work in which contract labor is to be employed.

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

4. Other particulars relevant to the employment of contract labor.

Signature of Registering Officer with Seal

[Rule 32 (2)]

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 individuals).

3. Particulars of establishment where contract labor 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 labor-

(a) Nature of work in which contract labor 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 labor proposed to be employed in the establishment on any day.

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 license or forfeiting security deposit in respect of an earlier contract. If so, the date of the 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. ⁵[Amount of license fee paid � name of the Union Bank, demand draft No .and date. ]

9. ⁵[Amount of security deposit-name of the Union Bank, demand draft No. and date. Date of the receipt of the application with demand draft for fees / security deposits.]

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

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 for fees ��..Security deposit ��.

Signature of the Licensing Officer

FORM XI : OFFICE OF THE LICENSING OFFICER

Government of India

[Rule 32(3)]

License No ��. Dated ....................... Fee paid Rs ��

Signature of the Licensing Officer

Temporary License Expires on��.

License is hereby granted to ��..under section 12(2) of the Contract Labor (Regulation and Abolition) Act, 1970, subject to the conditions specified in Annexure.

The License shall remain in force till ��.

Date ��.

Signature and Seal of the Licensing Officer

ANNEXURE

The license is subject to the following conditions:-

(1) The license shall be non-transferable.

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

(3) Except as provided in the rules the fees paid for the grant of the license shall be non-refundable.

(4) The rate 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 Labor Commissioner (Central), whose decision shall be final.

(6) 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 the Chief Labor Commissioner (Central).

⁸[(7) A copy of the license shall be displayed prominently at the premises where the contract work is being carried on.]

FORM XII : REGISTER OF CONTRACTORS

[Rule 74]

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 on contract	Location of contract work	Period of contract		Maximum No. of workmen employed by contractor
				From	To

Place ...................

Date ....................

Signature of the Licensing Officer

FORM XIII : REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR

[Rule 75]

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 and surname of workman	Age and Sex	Father�s/ Husband�s name	Nature of Employment/ Designation	Permanent Home Address of workman (Village and Tahsil / Taluk and District)
1	2	3	4	5	6

Local Address	Date of commencement of employment	Signature or thumb- impression of workman	Date of termination of employment	Reasons for termination	Remarks
7	8	9	10	11	12

FORM XIV : EMPLOYMENT CARD

[Rule 76]

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.Sl. No. in the register of workmen employed ___________��______________________	_________________________________
3.Nature of employment / Designation _________________________________	_________________________________
4.Wage rate(with particulars of unit , in case of piece- work)_____________________	_________________________________
5.Wage period _______________	_________________________________
6.Tenure of employment _______________________	_________________________________
7.Remarks __________________	_________________________________

Signature of Contractor

FORM XV : SERVICE CERTIFICATE

[Rule 77]

Name and address of_________________ �_________________________ contractor	Name and address of establishment of in/under which contract is carried on __________________________
Name and location of work____________ �_______________________
Name and address of the __________________________________ workman ___________________	Name and address of principal employer________________________
Age or Date of Birth �_____________________________
Identification marks______________________________
Father�s /Husband�s name �________________________

Sl. No.	Total period for which employed		Nature of work done	Rate of wages(with particulars of unit in case of piece-work)	Remarks
	From	To
1	2	3	4	5	6

Signature of contractor

FORM XVI : MUSTER ROLL

[Rule 78(1)(a)(i)]

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	Date	Remarks

FORM XVII : REGISTER OF WAGES

[Rule 78(1)(a)(i)]

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 _____________________________________ 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
1	2	3	4	5	6

Daily-rate of wages/piece-rate	Amount of wages earned
Daily-rate of wages/piece-rate	Basic wages	Dearness allowances	Overtime	Other cash payments (Nature of payment to be indicated)	Total
	8	9	10	11	12
7

Deductions, if any (indicate nature)	Net amount paid	Signature /Thumb impression of workman	Initial of contractor or his representative
13	14	15	16

FORM XVIII : FORM REGISTER OF WAGES - CUM- MUSTER ROLL

[Rule 78 (1(a)(i)]

Name and address of contractor ___________________________	Name and address of establishment in/ under which contract is carried on ______________________
	Name and address of Principal employer ____________________________________
	Wages period : Weekly/ Fortnightly ____________________________________
Nature and location of work ________________	From _______________ to ______________

Sl. No.	Sl. No. in register of workman	Name of employee	Designation / nature of work	Daily attendance units worked	Total attendance / units of work done
Sl. No.	Sl. No. in register of workman	Name of employee	Designation / nature of work	12. 15	Total attendance / units of work done
1	2	3	4	5	6

Daily�rate of wages / piece�rate	Amount of wages earned
Daily�rate of wages / piece�rate	Basic wages	Dearness allowance	Overtime	Other cash payments (Nature of payments to be indicated)	Total
7	8	9	10	11	12

Deduction, if any, (indicate nature)	Net amount paid	Signature/Thumb- impression of workman	Initials of contractor or his representative
13	14	15	16

FORM XIX : WAGE SLIP

[Rule 78(1(a)(i)]

Name and address of contractor ____________________________	Name and Father�s /Husband�s Name of the workman ________________________________
Nature and location of work ___________________________________	For the Week / Fortnight /Month ending ________________________________
1. No. of days worked	________________________________
2. No. of units worked in case of piece � rate	________________________________
3. Rate of daily wages / piece �rate	________________________________
4. Amounts of overtime wages	________________________________
5. Gross wages payable	________________________________
6. Deductions , if any	________________________________
7. Net amount of wages paid	________________________________

Initials of the contractor or his

representative

FORM XX : REGISTER OF DEDUCTIONS FOR DAMAGE OR LOSS

[Rule 78(1)(B)]

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	Particulars of damage or loss	Date of damage or loss	Whether workman showed cause against deduction
1	2	3	4	5	6	7

Name of person in whose presence employee�s explanation was heard	Amount of deduction imposed	No. of installments	Date of recovery		Remarks
	Amount of deduction imposed	No. of installments	First installment	Last installment	Remarks
8	9	10	11	12	13

FORM XXI : REGISTER OF FINES

[Rule 78(1)(a)(ii)]

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 / Omission for which fine imposed	Date of offence
1	2	3	4	5	6

Whether workman showed cause against fine	Name of person in whose presence employee �s explanation was heard	Wage periods and wages payable	Amount of fine imposed	Date on which fine realized	Remarks
7	8	9	10	11	12

FORM XXII : REGISTER OF ADVANCES

[Rule 78(1)(a)(ii)]

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
1	2	3	4	5	6

Purpose(s) for which advance made	No. of installments by which advance to be repaid	Date and amount of each installment repaid	Date on which last installment was repaid	Remarks
7	8	9	10	11

FORM XXIII : REGISTER OF OVERTIME

[Rule 78(1)(a)(iii)]

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 worked
1	2	3	4	5	6

Total overtime worked or production in case of piece- rated	Normal rates workman	Overtime rate of wages	Overtime earnings	Date on which overtime wages paid	Remarks
7	8	9	10	11	12

FORM XXIV : RETURN TO BE SENT BY THE CONTRACTOR TO THE LICENSING OFFICER

[Rule 82(1)]

Half-Year-Ending _________________________

1. Name and address of the contractor

2. Name and address of the establishment

3. Name and address of the principal employer

4. Duration of contract : From ____________

to _________________________________

5. No. 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 labor 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 holiday observed and on what day-

(b) if so, whether it was paid for-

(iii) No. 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 deductions 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)

Place ____________________ Signature of Contractor

Date _____________________

FORM XXV : ANNUAL RETURN OF PRINCIPAL EMPLOYER TO BE SENT TO THE REGISTERING OFFICER

[Rule 82 (2)]

Year ending 31st December, 19 ___________________

1. Full name and address of the principal employer.

2. Name of 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. Nature of work/ operations on which contract labor was employed.

6. Total number of days during the year on which contract labor was employed.

7. Total number of man-days worked by contract labor 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 labor was employed.

10. Total number of man-days worked by directly-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.

Place............. Principal Employer

Date...............

ANNEXURE TO FORM

Name and address of the contractor	Period of contract		Nature of work	Maximum number of workers employed by each contractor	No. of days worked	No. of man- days worked
Name and address of the contractor	From	To	Nature of work	Maximum number of workers employed by each contractor	No. of days worked	No. of man- days worked
1	2		3	4	5	6

¹⁶[ANNEXURE 'A' ]

[Rule 38(1)]

Sl. No.	Officers	Head quarters of the officers
1. ALC (C)	Delhi	Delhi
2. RLC(C)	Ajmer	Ajmer
3. ALC(C)	Ajmer	Ajmer
4. ALC(C)	Adipur	Adipur
5. RLC(C)	Asansol	Asansol
6. ALC(C)	Asansol	Asansol
7. RLC(C)	Bombay	Bombay
8. ALC(C)	Bombay	Bombay
9. ALC(C)	Nagpur	Nagpur
10. ALC(C)	Vacso � Da � Gama	Vasco � Da � Gama
11. RLC(C)	Calcutta	Calcutta
12. ALC(C)	Calcutta	Calcutta
13. RLC(C)	Gauhati	Gauhati
14. RLC(C)	Dhanbad	Dhanbad
15. ALC(C)	Dhanbad	Dhanbad
16. ALC(C)	Chaibasa	Chaibasa
17. ALC(C)	Hazaribagh	Hazaribagh
18. RLC(C)	Hyderabad	Hyderabad
19. ALC(C)	Hyderabad	Hyderabad
20. ALC(C)	Vijayawada	Vijayawada
21. ALC(C)	Visakhapatnam	Visakhapatnam
22. RLC(C)	Jabalpur	Jabalpur
23. ALC(C)	Jabalpur	Jabalpur
24. ALC(C)	Raipur	Raipur
25. ALC(C)	Shahdol	Shahdol
26. RLC(C)	Kanpur	Kanpur
27. ALC(C)	Kanpur	Kanpur
28. RLC(C)	Chandigarh	Chandigarh
29. RLC(C)	Bhubaneshwar	Bhubaneshwar
30. ALC(C)	Bhubaneshwar	Bhubaneshwar
31. RLC(C)	Madras	Madras
32. ALC(C)	Madras	Madras
33. ALC(C)	Ernakulam	Ernakulam
34. RLC(C)	Banglore	Banglore
35. ALC(C)	Bellary	Bellary
36. ALC(C)	Dehradun	Dehradun
37. ALC(C)	Rohtak	Rohtak
38. ALC(C)	Jagdalpur	Jagdalpur
39. ALC(C)	Jaipur	Jaipur
40. ALC(C)	Kolar Gold Fields	Kolar Gold Fields

A Creche should be located within 50 meters of every establishment where 20 or more women are ordinarily employed as contract labor. 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 processes are carried on.

(i) The Creche building should be constructed of heat-resisting materials and should be rain-proof.

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

(iii) The height of the rooms should be not less than 10ft 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.

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

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

(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 at least 1/2 pint of pure milk per 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 boiling 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 for changing their clothes. Wash-basins or similar vessels should also be provided at the rate of one for every four children. There should be arrangements for supply of water at the rate of 5 gallons per child per day. Adequate supply of clean towels and soap should be available at the Creche.

(vi) Adjoining the bathroom there shall be a latrine for the exclusive use of the Children in the Creche. The number of seats in the latrine 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.

The Creche should have the following equipment 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.

Every Creche should be in the charge of a woman with midwifery 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 up to one year;

(b) for every 10 children up to three years; and

(c) for every 15 children of over 3 years of age)

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

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

(i) The Creche should have first-aid equipment kept in proper condition.

(ii) Every child should be medically examined before admission. There should be medical check-up of the children once a month and their 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 child kept at the Creche.

The Creche should maintain the following records up-to-date:-

(i) Records of Medical Examination of children, in Form "A"

(ii) Attendance Register of children, in Form "B".

A Creche may be inspected at any time by an Inspector under the Act or any other officer authorized by the Central Government for the purpose.

FORM 'A': FORM FOR RECORDING THE RESULT OF MEDICAL EXAMINATION OF CHILDREN ATTENDING CRECHES

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 or abnormality found, if any	Treatment suggested, if any	Remarks
1	2	3	4	5	6	7	8	9

( Signature of the qualified medical practitioner )

FORM 'B': FORM FOR RECORDING PARTICULARS OF CHILDREN ATTENDING THE CRECHES

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 months (attendance marked each day)	Remarks
1	2	3	4	5	6	7

Contract Labor (Regulation and Abolition) Act, 1970

Contract Labor (Regulation and Abolition) Act

Chapter I - Preliminary

1. Short title, extent, commencement and application

2. Definitions

Chapter II - The Advisory Boards

3. Central Advisory Board

4. State Advisory Board

5. Power to constitute committees

Chapter III - Registration Of Establishments Employing Contract Labour

6. Appointment of registering officers

7. Registration of certain establishments

8. Revocation of registration in certain cases

9. Effect of non-registration

10. Prohibition of employment of contract

Chapter IV - Licensing Of Contractors

11. Appointment of licensing officers

12. Licensing of contractors

13. Grant of licenses

14. Revocation, suspension and amendment of licenses

15. Appeal

Chapter V - Welfare And Health Of Contract Labour

16. Canteens

17. Rest-rooms

18. Other facilities

19. First-aid facilities

20. Liability of principal employer in certain cases

21. Responsibility for payment of wages

Chapter VI - Penalties And Procedure

22. Obstructions

23. Contravention of provisions regarding employment of contract labor

24. Other offences

25. Offences by companies

26. Cognizance of offences

27. Limitation of prosecutions

Chapter VII - Miscellaneous

28. Inspecting staff

29. Registers and other records to be maintained

30. Effect of laws and agreements inconsistent with this Act

31. Power to exempt in special cases

32. Protection of action taken under this Act

33. Power to give directions

34. Power to remove difficulties

35. Power to make rules

Chapter I - Preliminary

1. Short title and commencement

Chapter II - Central Board

3. The Board shall consist of the following members

4. Terms of office

5. Resignation

6. Cessation of membership

7. Disqualification for membership

8. Removal from membership

9. Vacancy

10. Staff

11. Allowances of members

12. Disposal of business

13. Meetings

14. Notice of meetings and list of business

15. Quorum

16. Committees of the Board

Chapter III - Registration And Licensing

17. Manner of making application for registration of establishments

18. Grant of certificate of registration

19. Circumstances in which application for registration may be rejected

20. Amendment of certificate of registration

21. Application for a license

22. Matters to be taken into account in granting or refusing a license

23. Refusal to grant license

24. Security

25. Forms and terms and conditions of license

26. Fees

27. Validity of the license

28. Amendment of the license

29. Renewal of license

30. Issue of duplicate certificate of registration or license

31. Refund of security

32. Grant of temporary certificate of registration and license

Chapter IV. Appeals And Procedure

Chapter V. Welfare And Health Of Contract Labour