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REGISTERED No. D. Mil

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 27] NEW DELHI, WEDNESDAY, FEBRUARY 10, 1971/MAGHA 21, 1892

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION

(Department of Labour and Employment)

New Delhi, the 1st February 1971

NOTIFICATIONS

G.S.R. 190.—In exercise of the powers conferred by sub-section (3) of sec- tion 1 of the Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970) the Central Government hereby appoints the 10th of February, 1971, as the date from which all the provisions of the said Art shall come into force.

[No. M. 18011(2)/71-LWI-I/Cont.-II.]

G.S.R. 191.—In exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970, the Central Government hereby makes the following rules, the same having been previously published as required by the said section, namely:—

RULES

CHAPTER I

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

(173)

174 T HE GAZETTE OF INDIA EXTRAORDINARY l?^< U—

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

2. Deflmitions.—In these rules, unless the subject or context otherwise requires—

(a) "Act" means the Contract Labour (Regulation and Abolition) Act, 1970; (b) "Appellate Officer" means the Appellate Officer appointed by the Central

Government under sub-section (1) of section 15;

(c) "Board" means the Central Advisory Contract Labour Board constitut-

ed under section 3;

(d) "Chaiiman" 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.

CHAPTER II

Central Board

3. The Board shall consist of the following Members:—

(a) a Chairman to be appointed by the Central Government; (b) the Chief Labour Commissioner (Central)—ex-officio; (c) one person representing the Central Government, to be appointed by

that Government from amongst its officials;

(d) one person representing the Railways, to be appointed by Central Gov-

ernment after consultation with the Railway Board;

(e) four persons, one representing the employers in coal mines, one re- presenting the employers in other mines and two representing contrac- tors to whom the Act applies, to be appointed by the Central Govern- ment after consultation with guch organisations, if any, cf the employ- ers and the contractors as may be recognised by the Central Govern- ment;

(f) five persons, one representing the employees in the Railways, one re- presenting the employees in coal mines, one representing the employees in other mines, Rnd two representing the employees of contractors to whom the Act applies, to be appointed by the Central Government after consultation with such organisations, if any, of employees repre- sending the respective interest as may be recognised by the Central Government.

4. Terms of Office.—(1) The Chairman of the Board shall hold office as such for a period of three years from the date on which his appointment is first notified in the oifirial Gazette,

(2) Euch 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 shail hold office as s ich for a period of three years commencing from the date on which hiu apooirtrnent is first notified in the Official Gazette:

Provided that where the successor of any such member has not been noti- fied in the Official Gazette on or before the expiry oi the said period of three years, su~h member 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, the Central Gov- ernment 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.

Sec. 3(1)] THE GAZETTE OF INDIA EXTRAORDINARY 175

5. Resignation,—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 and on such resignation being accepted by that Government, his office shall fall vacant on the date on which such resignation is accepted.

6. Cessation of membership.—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 cense to be a member oi the Board:

Provided that the Central Government may, If It is satisfied that such mem- ber was prevented by sufficient cause from attending three consecu- tive meetinKs of the Board, direct thut such cessation shall cot take place and on such direction being made, such member shall continue to be a member of the Board-

7. Disqualification Tor membership.—(1) A person shall be disqua'ifled for re- appointed, and for being a member of the Board,—

(i) if he is of unsound mind and stands so declared by a competent Coart; 01 (il) 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 u disqualification has been incurred under sub-rule (1), the Central Government shall decide the same.

8. Removal from membership.—The Central Government may remove from office any member of the Board, if in its opinion such 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 oppor- tunity is given to him of making any representation against the pro- posed action.

i). Vacancy.—When a vacancy occurs or is likely to occur in the membership of the Board the Chairman shall submit a report to the Centrail Government and on receipt of such report the Central Government shalll 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.

10. Staff. (1) (1) 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.

(il) The salaries and allowances payable to the staff and the other conditions of service of such stall1 shall be such as may be decider! by the Cential Government.

(2) The Secretary—

(i) shall assist the Chairman in convening meetings of the Board;

(ii) may attend Lhe meetings but shall not be entitled to vote Lit such meetings;

(iii) shall keep a record of the minutes of such meetings; and

(lv> shall take necessary measures to carry out the decisions taken at the meetings of the Board.

11. Allowances of members.—(1) The travelling allowance of an official mem- ber 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 hi? salary.

(2) The non-official members of the Board shall be paid travelling allowance for attending the meeting of the Board at such rates as are admissible to Grade 1 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 daces-

I76 THE GAZETTE OF INDIA EXTRAORDINARY U'ARL I I-

12. Disposal of business.—Every question which the Board is required to take Into consideration shall be considered at a meeting, or, if the Chairman so directs, by sending the necessary papers to every member for opinion, and the question shall be disposed of in accordance with the decision of the majority:

Provided that in the case of equality of votes, the Chairman shall have a second or a easting vote.

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

13. Meetings.— (1) The Board shall meet at such places and limes as may be specified by the Chairman.

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

14. Notice of meetings and list of business.—(1) Ordinarily seven days' notice dhall 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 that meeting without the permission of the Chairman.

15. Quorum.—No business shall be transacted at any meeting unless at least five members are present;

Provided that if at any meeting less than five members are present, the Chair- man may adjourn the meeting to another date informing members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending.

16. Committees of the Board.— (1) (i1) The Board may constitute such Com-

CHAPTER 111

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 177

(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 labour

in the establishment;

(c) the type of business, trade, industry, manufacture or occupation which

is carried on in the establishment;

(d) ;,uch other particulars as may be relevant to the employment of con-

tract labour in the establishment.

(3) The registering officer shall maintain a register in Form III 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 establish- ment 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.

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

(2) If the principal employer, 911 ibeing required by the registering officer to amend his application for registration, omits or fails to do so, the registering offi- cer shall reject the application for registration.

20. Amendment of certificate of registration.—(l) Where, on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employ- er as fees for the registration of the establishment is payable, he shall require such principal employer to deposit a sum which, together with the amount al- ready 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 treasury receipt showing such deposit.

(2) Where, on receipt of the intimation referred to in sub-rule f4) of rule 18 the registering officer is satisfied that there has occurred a change in the particu- lars 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 amend- ment:

Provided further tha"- the registering officer shall not carry out any amend- ment in the register in Form III unless the approp-riate fees have been deposited by the principal employer.

21. Application for a licence.—(1) Every application by st contractor for the grant of a licence shall be made in triplicate, in Form IV, to the licencing officer of the area in which the establishment, in relation to which he is the contractor, is located.

(2) Every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rulr^ made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.

(3) Every such application shall be either personally delivered to the licens- ing officer or sent to him by registered post.

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

I78 THE GAZETTE OF INDIA EXTRAORDINARY !?ART II—

(5) Every application referred to in sub-rule (1) shall also be accompanied by a treasury receipt showing—

fit the deposit of the security at the rates specified In rule 24, and fii) the payment of the fees at the rates specified in rule 26.

22. Matters to be taken into account in granting or refusing a licence,—In granting or refusing to grant a licence, the licensing officer shall take the fol- lowing 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 Civ) has been convicted (at any time during a period of five years imme- diately preceeding the date of application) of an offence which, in the opinion of the Central Government, involves moral turpitude; (b) whether there is an order of the appropriate Government or an award or settlement for the abolition of contract labour in respect of the particular type of work in the establishment for which the applicant is a contractor;

(c) whether any order has been made in respect of the applicant under sub- section (1) of 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 rates speci- fied in rule 24.

23. Refusal to grant licence.—(1) On receipt of the application, and as soon as possible thereafter, the licensing officer shall make such enquiry as he consi- ders necessary to satisfy himself about the eligibility of the applicant for a licence.

(2) (i) Where the licensing officer is of opinion that the licence should not be granted, he shall, after affording reasonable opportunity to the applicant ta be heard, make an order rejecting the application,

(ii) The order shall record the reasons for the refusal and shall be communi- cated to the applicant.

24. Security.—(1) Before a licence is issued, an amount calculated at the rate of Rs. 30 for each of the workman to be employed as contract labour, in respect of which, the application for licence has been made, shall be deposited bv the contractor for due performance of tho conditions of the licence and compliance with the provisions of the Act or the rules made thereunder.

(2) The amount of security deposit shall be paid in the local treasury under the Head of Account "Section T—Deposits & Advances—Part II Deposits not bearing interest—(c) other Deposit Accounts—Departmental and Judicial Depo- sits—Civil Deposits—Deposits, under Contract Labour (Regulation & Abolition) Act, 1970 (Central)."

25. Forms and terms and condition?.- of licence.—(1) Every licence granted under sub-section (1) of Section 12 shall be in Form VI.

(2) Every licence granted under sub-rule (1) or renewed under rule 29 shall

be subject to the following conditions, namely:—

(i) the licence shall be non-transferable; (ii) the number of workmen employed as contract labour in the estab- lishment shall not, on any day, exceed the maximum number speci- fied in the licence;

(iii) save as provided in these rules, the fees paid for the grant, or LYR the case may be, for renewal of the licence shall be non-refundable;

(iv) the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 fll 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;

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 179

(v) (a) in cases where the workm -n employed by the contractor perform the same or similar kmd ot v mk as the workmen directly employ- ed iby the principal employ; 1 nl the establishment, the wafie rates, holidays, hours of work and o lier conditions of service of the work- men of the contractor shall be the same as applicable to the work- men directly employed by the principal employer of the establish- ment on the same or similar kind oi work:

Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Chief Labour Commissioner (Central; whoso decision shall be final;

(b) in other cases the wage rates, holidays, hours of work end conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labour Commissioner (Cen- tral) ;

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

(vi) (a) in every establishment where twenty or more women are ordinari- ly employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the ajje of six years,

(b) one of such rooms shall be used as a play room for the children and the other aa bed room for the children,

(c) the contractor shall supply adequate number of toyi and games in the play room and sufficient number of cots and beddings in the sleep- ing room,

(d) the standard of construction and maintenance of the creches shall be such as mav be specified in this behalf by the Chief Labour Commissioner (Central),

(vii) the licencee shall notify any change In the number of workmen or the conditions of work to the licensing officer.

26. Fees.—(1) The fees to be paid for the grant of a certificate of registration under section 7 shall be as specified below, namely:—

If the number of worflcmen proposed to be employed on contract on any day—

Rs.

20 (a) is 20 (b) exceeds 20 but does not exceed 50 50 (c) exceeds 50 but does not exceed 100 100 (d) exceeds 100 but does not exceed 200 200 (e) exceeds 200 but does not exceed 400 400 500 (f) exceeds 400

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

If the number of workmen employed by the contractor on any day— Rs. 5 00 (a) is 20 (b) exceeds 20 but does not exceed 50 12 50 (c) exceeds 50 but does not exceed 100 25 00 (d) exceeds 100 but does not exceed 200 50 00 (e) exceeds 200 but does not exceed 400 100 00 125.00 (f) exceeds 400

180 THE GAZETTE OF INDIA EXTRAORDINARY I PAH r II—

27. Validity of the licence.—Every licence granted under rule 25 or renewed under rule 2& shall remain in force for twelve months from the date it is granted or renewed.

28. Amendment of the licence.—(1) A licence issued under rule 25 or renewed under rule 29 may, for good and sufficient reasons, be amended by the licensing officer.

(2) The contractor who desires to have the licence 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 treasury receipt for the amount, if uny, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fees originally paid for the licence.

(ii) On the applicant furnishing the requisite treasury receipt the licence shall be amended according to the orders of the licensing officer,

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

29. Renewal of licence.—(1) Every contractor shall apply to the licensing offl- >cer for renewal of the licence.

(2) Every such application shall be in Form VII in triplicate and shall be made not less than thirty days before the date on which the licence expires, and ii the application is so made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued,

(3) The fees chargeable for renewal of the licence 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 pay- aole for the licence 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.

30. Issue of duplicate certificate of registration or licence.—Where a certificate of registration or a licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of fees of rupees five.

31. Refund of security.—(1) (i) On expiry of the period of licence the con- tractor may, if he does not intend to have his licence renewed, make an applica- tion 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 condi- tions of licence or there is no order under section 14 for the forfeiture of secu- rity 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 forfeited shall be deducted from the security deposit, and balance, if any, refunded to the applicant.

(3) Any application for refund shall, ns far as possible be disposed of within 60 days of the receipt of the application.

32. Grant of temporary certificate of registration and licence.—(1) Where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the Principal Employer of the establishment or the contractor, as the case may be, may apply for a temporary certificate of registration or licence to the registering officer or the licensing officer, as the ense may be. having jurisdic- tion over the area in which the establishment is situated,

SEC 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY l8l

(2) The application for such temporary certificate of registration or licence shall be made in triplicate in Form VIJ.1 and X respectively and shall be ac- companied by a treasury receipt or a crossed postal order drawn in favour of the appropriate Registering or Licensing Officer as the case may tie, showing the payment of appropriate fees and in the case nf licence the appropriate amount of security also.

(3) On receipt of the application, complete in all respects, and on being satis- fled either on affidavit by the applicant or othciwLse that the v* ">rk in respect, of which the application has been made would bi- 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 licence in Form XI, as the case may be, for a period of not more than fifteen days.

(4) Where a certificate of registration or licence is not granted the reasons therefor shall 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 establish- ment shall cease to employ in the establishment contract labour in respect of which the certificate was given.

(6) The fees to be paid) for the grant of the certificate of registration under sub-rule (3) shall be as specified below:

If the number of workmen proposed to be employed on contract on any d?y—

Rs.

(a) exceeds 20 but does not exceed 50 10.00 (b) exceeds 50 but does not exceed 200 20,00 30.00 (c) exceeds 200

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

If the number of workmen to be employed by the contractor on ai.y day—

Rs.

(a) exceeds 20 but does not exceed 50 5.00 (b) exceeds 50 but does not exceed 200 20.00 30.00 (c) exceeds 200

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

CHAPTER IV

Appeals and Procedure

33. (1) (i) Every appeal under sub-section (1) of section 15 shall be prefer- red in the form of a Memorandum signed by the appellant or his authorised agent and presented to the Appellate Officer in person or sent to him by regis- tered post.

(il) The memorandum shall be accompanied by a certified copy nf the order appealed from and a treasury receipt for rupees 10.

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

34, (1) Where the memorandum of appeal does not comply with the provi- sions of sub-rule (2) of role 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed by the Appellate Officer.

(2) Where the Appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection, and communicate the urd.M- to the appellant,

(3) Where the memorandum of anneal is in order the AprT>llptc OfTVer <-ball admit the appeal, endorse thereon the date of presentation und shall reii.ster the appeal in a bonk to be kept for the nurpose called the Registrar of Ai-r."-;>ls.

I 8a T HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY [ I ' A FT II •

(4) (i) When the appeal has been admitted^ the Appellate Officer shall send the notice oi the appeal to the Registering Officer of the Licensing Officer as the case may be from whose order tne appeal has been preferred and the Regis- tering 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. If on the date fixed for hearing, the Appellant does not appear, the Ap- pellate Officer may dismiss the appeal for default of appearance of the appel- lant.

36. (i) Where an appeal has ibeen dismissed under rule 35 the appellant may apply to the Appellate Officer for the TV admission of the appeal, and where it is proved that he wan 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. (1) If the appellant is present when the appeal is called on for the hear- ing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any otlur 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 determina- tion, the decisions thereon and the reasons for the decisions,

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

38 Payment of Fees.—Unless otherwise provided in these rules all fees to be paid under these rules shall be paid in the local treasury under the head of ac- count "XXXII-Misc-Social and Developmental Organisations—Labour and Em- ployment—Foes under Contract Labour (Regulation and Abolition) Central Rules, It.71 (Central)", and a rcceip-t obtained which shall be submitted with the application or the memorandum of appeal as the case may be.

39. Copies.—Cony of the order of the Registering Officer, Licensing Officer of the Appellate Officer may be obtained on payment of fees of rupees two for each ordfr 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 find 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 establishments within seven days of the commencement of these rules and in the case of new establishments within seven days of the commencement of the employment of contract labour therein.

(2) If any of the facility mentioned in sub-rule (1) is not provided by the contractor within the period prescribed the same shall be provided by the princi- pal employer within seven days of the expiry of the period laid down in the said sub-rule,

41. Rest Rooms.—(1) Tn every place wherein contract labour 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 labour is likely to continue for 3 months or more the contractor shall provide and maintain rest rooms or other suitable alternative accommodation within fifteen dav" of t'he coming into force of the rules in the case of existing e"trih1ilihmcnti. and within fifteen days of the commencement of the employment of contract labour in new establishments,

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 1831

(2) If the amenity referred to in sub-rule (1) is not provided by the contrac- tor 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 tho said sub-rule.

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

(4) Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.

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

(6) Tho 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, bard 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 where- in work regarding the employment of contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more are ordi- narily employed an adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rules in the case of the existing establishments and within 60 days of the commencement of the employment of contract labour in the case of new establish- ments.

(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 toe, in an efficient manner,

43. (1) The canteen shall consist of at least a dining hall, kitchen, store room, pantry and wa.^hing places separately for workers and. for utensils.

(2) (i) Tho 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 sani- tary condition.

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

fiii) Suitable arrangements shall be made for the collection and disposal of B age.

44. (1) The dining hall shall accommodate at a time at least 30 per cent of the contract labour working at a time.

(2i The floor area op the dining hall, excluding the area occupied by the ser- vice counter and any furniture except tables and chairs shall be not less than one square metre 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 pri- vacy.

(4) Sufficient tables, stools, chairs or benches shall be available for the num-.

ber of diners to be accommodated as prescribed in sub-rule (1),

^4 THE GAZETTE OF INDIA EXTRAORDINARY l i \Rr *"—

45. (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, uteniils and othci 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 :tnd impervious material.

dii) 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 labour.

47. The charges for foodstuffs, beverages and any other items served m the canteen shall be baaed on 'no-profltf no loss' and shall be conspicuously display- ed in the canteen.

48. In arriving at the prices of foodstuffs and other articles served in the can- teen 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 equip- ment 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 ventila- tion;

(e) the interest on the amejunts spent on the provision and maintenance of furniture and equipment provided for in the canteen.

49. The books of accounts and registers and other documents used in connec- tion with the running of the canteen shall be produced on demand to an Inspector.

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

Provided that the Chief Labour Commissioner (Central) may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor in view of the site or the location of the canteen.

51. Latrines and Urinals.—Latrines shall be provided in eveiy 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 cese may be, upto the first 100, and one for every 50 thereafter

52. Every latrine shall be under cover and so partitioned off as to secure pri- vacy, and shall have a proper door and fastenings.

53. Cl) 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", at, the case may be.

(21 The notice shall also benr the flt?iire of a man or of a woman, as the case may be.

54 There "hull bo at le line. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 185:

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 upto the first 500 and one for every 100 or part thereof thereafter.

85. (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 con- viently 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 main- tained for the use of contract labour employed therein.

(2) Separate and adequate screening facilities shall be provided for the use of male and female workers.

(3) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

58. Flrst-Ald 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 160 contract labour 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 labour employed does not exceed fifty— Each first-aid box shall contain the following equipment:—

(i) 6 small sterilized dressings, (ii") 3 medium size sterilized dressings. (iii1) 3 large size sterilized drawings, (ivl 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 CODV of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour 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 surglc itlc solution.

B. For establishments in which th of contract labour exceed fifty—

Each first-aid box shall contain the fololwing 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, alocoholic solution iodine. (vii) 1 (60 ml.) bottle containing salvolatlle having the dose and mode of administration Indicated on the label.

i85 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT II--

(.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 Labour Institutes, Government of India. (xiii) A bottle containing 100 tablets (each of 5 grains) of aspirin, (xiv) Ointment for burns. (xv) A bott'e of a suitable surgical anti-septic solution.

(2) Adequate arrangement shall be made for immediate recoupment ol 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 wording hours of the establishment,

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

CHAPTER VI

Waaex

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 labour in an establish- ment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.

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 pre- mises 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 uuthorised 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 older 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 contrac- tor to the Principal Employer under acknowledgment.

12. The Principal Employer shall ensure the presence of his authorised repre- sentative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative,

73, The authorised representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of Wages or the Wa?cs-cwT7i-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

Sue 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 187

CHAPTER VII

Registers and Records and collection of statistics

74. Register of contractors.—Every principa. employer shall maintain in respect 1 nt a leglster <.'•' conti'drtois in Form XII

75. Register of persons employed.—Every contractor shall maintain in respect •of each registered establish- .cut where lie employs cunt, ac-i, labour a register in Form XIII.

76. Employment Card.— (i) Every contractor shul] issue an employment card in Form XIV to each worker within'three days of the employment oi' the worker. (ii) The card shall be maintained upto date and any change in the particulars shall be entered therein,

77. Service Certificate,—On termination of empJuyment for any reason what- soever the contractor shall issue to the workman whose services have been ter- minated a Service Certificate hi Form XV.

78. Muster Roll, Wages Registers, Deduction Register and Overtime Register, - (1) In respect of establishments which arc governed by the Payment of Wages Act, 1936 (4 of 1936) and the rules made tncreunder, or the Minimum Wages Act, 1948 (11 of 1948) or the rules made thereunder, the following registers and records required to be maintained by the contractor as employer under those Acts and the rule m,ade thereunder shall he deemed to be registers and records to be maintained by the contractor under these rules:

(a) Muster Roll; (b) Register of Wages; (c) Register of Deductions; (d) Register of Overtime; (e) Register of fines; (f) Register of advances.

(2) In respect of establishments not covered under sub-rule (1), the following provisions shall apply, namely: —

(a) Every contractor shall maintain a Muster Roll Register and a Register

of Wages in form XVI and Form XVII respectively:

Provided that a combined muster roll-cum-wagcs register in Form XVIII shall be maintained by the contractor where the wage-period is a fortnight or less.

(b) Where the wage period is one week or more the contractor shall issue wage slips in Form XIX to the workers at least a day prior to the disbursement of wages.

(c) Signature or thumb-Impression of every worker on the register of wages or wages-cu?n-muster roll as the case may be, shall be obtain- ed and entries therein, shall be authenticated by the initials of the contractor or his representative, and duly certified by the authorised representative of the Principal Employer as required by rule 73,

(d) Registers of deductions, Fines and advavc.es,—Registers of dedurtions for damage or loss, Register of fines and Register of advances shall be maintained by every contractor in Formy XX, XXI and XXII respectively.

(e) Register of overtime.—A register of overtime shall he mninUined by every contractor in Form XXIII to record therein number of hours and wages paid for overtime work, if any.

(3) Notwithstanding anything contained in these rules, where a combined or alternative form is sought to be used by the contractor to avoid duplication of work for compliance with the provisions of any other Act or the ruli.•- framed thereunder or any other ]nws or regulations or in cases where mechanised pay rolls are introduced for better administration, alternative suitable form or form8 in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Chief Labour Commissioner (Central),

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

188 fUE GAZETTE OF INDIA EXTRAORDINARY P"ARI "—

80. (1) All rcgittors and other records required to be maintained under the Act and rules, shall be maintained complete and uptodate, and, unless otherwise provided lor. shall be kept at en office or the nearest convenient building within the precincts of the workplace or at a place within a radius of three kilometers.

(2j Such registers shall be maintained legibly in English or Hindi. <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 authorised 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 juris- diction, and date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be,

(il) 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.

82. (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.

NOTE.—Half year for the purpose of this rule means "a period of 6 months commencing from 1st January and 1st July of every 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 con- cerned not later than the 15th February following the end of the year to which it relates.

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

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

itc. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 189

FORM I

[See rule 17(1)]

Application for Registration 0/ Establishments Employing Contract Labour

1. Name and location of the Establishment.

2. Postal address of the Establishment.

3. Full name and address of the Principal Employer (furnish father's name in the case of individuals).

4. Full name and address of the Manager or person responsible for the super- vision and control of the establishment.

5. Nature of work carried on in the establishment.

6. Particulars of contractors and .contract labour;

(a) Names and Addresses of Contractors, (b) Nature of work in which contract labour is employed or 1B to be em- ployed.

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

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

7. Particular of treasury Receipt enclosed

(Name of the Treasury, Amount ft 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

[See rule 18(1)]

Certificate of Registration

No.

Date

Government of India

Office of the Registering Officer

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

1. Nature of work carried on in the establishment.

2. Nmes and Addresses of Contractors.

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

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

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

Signature of Registering

Officer with Seal.

190 THE GAZETTE OF INDIA EXTRAORDINARY [run II--

FORM III

[Set rule 18(3)]

Register of Establishments

SI. Registration

No. No. and

Name of the Princi- pal Employer and his address

Name and address of the establishment registered

date

Total No. of workircn directly employed

Type of busi- ness, trade, in- dustry, manu- facture or occu- pation, which 19 carried on in the establish- ment

1 J.

6

4

3

5

Particulars of contractor and Contract Labour

Remarks Name and address of contractor

dura- erriploy- contract

Probable tion of ment of labour

Maximum. No, of contract labour to be employed On any day

Nature of work in which contract labour i s employed Or is to be employ- ed

10

11

8

9

7

:>EC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 191

FOBM IV

[See rule 21(1)]

Application for Licence

1. Name and address of the contractor (including his father's name in cage of Individuals).

2. Date of birth and Age (in case of individuals).

3. Particulars of Establishment where Contract Labour la 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 labour: —

(a) Nature of work in which contract labour Is employed or is to be em- ployed 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 No. of contract labour proposed to be employed in the estab- lishment on any date:

5. Whether the contractor was convicted of any offence within the preceding five years. If so, give details.

6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If 80^ 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 Principal Employer in Form V is enclosed.

9. Amount of licence fee paid—No. of Treasury Challan and date.

10. Amount of security deposit—Treasury Receipt No. and date.

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

Signature of the applicant Place: Date:

(Contractor)

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

l(p, THE GAZETTE OF INPIA EXTRAORDINARY UVnr H-

FORM V

[See rule 21(2)J

Form of Certificate by Principal Employer

Signature of Principal Employer.

Certified that I have engaged the applicant (uame of the Contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition), Act, 1970 artd the Contract Labour (Regulation and Abolition) Central Rules, 1971, insofar as the provisions are applicable to me in respect of the employment of contract labour by the appli- cant in my establishment. pl a c e. D a t e. Name and address of Establishment.

FOHM VI

[See rule 25(1)]

Government of India

Office of Licensing Officer

Licence No. Dated Fee paid Rs

LICENCE

Licence is hereby granted to"

under section 12(1) of the Contract Labuiir (Btjfc'ulatlun and Abolition) Act, 1970, subject to the conditions specified in Annexure.

The licence shall remain in force till. .

Date:

Signature and Seal of the Licensing Officer.

RENEWAL [rule 29)

Date of Renewal Fee paid for renewal Date of Expiry

1. 2. 3.

Signature and Seal of the Licensing Officer.

Date:

ANNEXCRE

The licence is subject to the following conditions:

1. The licence shall be non-transferable. i. The number of workmen employed as contract labour In the establishment shall not, on any day, exceed

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

4. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages Act, 1948, where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.

5. In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the conti actor shall be the same as applicable to the workmen directly

;JEC. 3(i)J THE GAZETTE OF INDIA EXTRAORDINARY I-93

employed by the principal employer ol the establishment on the same or similar kind of work: provided that in the case of any disagreement with regard to the type of work the same shall be decided "by ;the Chief Labour Commissioner (Central) whose decision shall be final- 6. In other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may he" specified in this behalf by the Chief Labour Commissioner (Central).

7. In every establishment where 20 or more women are ordinarily employed as contract labour there - shall be provided 2 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 eBildren and the other ais bed room for the children- For this purpose the contractor shall supply adequate number of toys and games In the play room and sufficient number of cots and beddings in the sleeping room. The standard of construction and maintenance of the creches may be such as may be specified in this behalf by the Chief Labour Commissioner (Central).

8. The licencee shall notify any change in the number of workmen -

FORM VII

[Sre rule 29(2)1

Application for Reneival of Licences

1. Name and address of the contractor. 2. Number and date of the licence. 3. Date of expiry of the previous licence. 4. Whether the licence of the contractor was suspended or revoked. 5. No. and date of the treasury receipt enclosed.

PlflCC

Signature 01 the Applicant.

Date:

(To be filled in office of the Licensing Officer)

Date cf receipt of the application with Treasury Receipt No. and date,

Signature of the Licencing Officer.

FORM VIII [See rule 32(2)] Application for Temporary Registration of Establishments Employing Contract Labour

1. Name and location of the Establishment. 2. Postal address of the Establishment. 3. Full name and address of the Principal Employer (furnish father's name In the case of individuals).

4. Full name and address of the Manager or person responsible for the supervision and control of the establishment-

5. Nature of work carried on in the establishment. 6. Particulars of contract labour:

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

B. Maximum number of Contract Labour to be employed on any day- C. Estimated date of termination of employment of contract labour.

7. Particulars of treasury Receipt or the crossed postal order enclosed

I hereby declare tha* the particulars given above are true to the best of my

knowledge and belief. Principal employer

Seal and Stamp.

Time and date of receipt of application with Treasury Receipt or the crossed Postal o r d e r .^ ^ ^ R e g l s t e r i n (? Q f f l c er

194 T HE GAZETTE OF INDIA EXTRAORDINARY [PART II

FOBM IX

[See rule 32(3)] Date of Expiry

Temporary Certificate of Registration

No.

Date

Government of India

Office of the Licensing Officer

A Temporary Certificate of Heglstratlon containing the following particulars is hereby granted under sub-section (2) of section 7 of the Contract Labour (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 labour is to be employed.

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

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

Signature of Registering Officer with Seal.

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 195

FORM X [See rule 32(2)] Application for Temporary Licence 1. Name and address of the contractor (Including his father's name In case of individuals).

2. Date of birth and Age (in case of individuals). 3. Particulars of Establishment where Contract Labour is to be employed:—

(a) Name and address of the Establishment: (b) Type of business, trade, industry, manufacture or occupation, which is carried on In the establishment:

(c) Name and address of the Principal Employer:

4. Particulars of contract Labour:—

(a) Nature of work in which contract labour is to be employed in the establishment:

(b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending):

(c) Name and address, of the Agent or Manager of Contractor at the work-site:

(d) Maximum No. of contract labour 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 tovdkin^ or suspending licence or forfeiting security deposits In respect of an earlier contract. If so, the date of such order.

7. Whether the contractor has worked In any other establishment within the past five years. If so, give details of the Principal Employer, Establishments and nature of work.

8. Amount of licence fee paid—No. of Treasury Challan or the crossed postal order and date.

9. Amount of security deposit—Treasury ^Receipt or crossed postal order No. and date.

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

Signature of the Applicant (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.

196 THE GAZETTE OF INDIA EXTRAORDINARY [PAST 11—

FORM XI

[See rule 32(3)] Government of India Office of Licensing Officer

Licence No. Dated Fee paid Rs

Signature of the Licensing Officer.

Temporary Licence Expires on

Licence is hereby granted to

, under section' 12(2) of the Contract Labour (Regulation and Abolition) Act, 1970 subject to the conditions specified in Annexure.

The Licence shall remain in force till

Signature and Seal of the Licensing Officer.

Date:

ANNSXURE

The licence Is subject to the following conditions:—

1. The licence shall be non-transferable.

2. The number of workmen employed as contract labour in the establishment

shall not, on any da.V. exceed

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

4. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages Act, 1948, where applicable, and where the rates have been ftxed 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 err ployed 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 disagree- ment with regard to the type of work the same shall be decided by the Chief Labour Commissioner (Central) whose decision shall be final.

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

SEC. l ( i )l THE GAZETTE OF INDIA EXTRAORDINARY \y^

FORM XII

(Ste rule 74)

Register of Contract on

C I) Na-ne and address of the Principal Employer .- (2) Name, address of the establishment

SI. Name and ad- Nature of \w>rk Location of con- Period of con- Maximum No. No. drew of con- on contract tract work t tract of workmen _ employed by tractor

From To contractor

1 9 8

FORM XIII

(See rule 75I

Register of Workmen Employed by Contractor

Name and address of Contractor •

• • Name and address of establishment in/under which contract is

carried on —> . . • .—, ,—,

Nature and location of work • • Name and addres of Principal Employer -• • •

T H E

SI- Name and Age and Father's/ Nature of Permanent Home Local Add- Date of Signature or Date of ter- Reasons Remarks No. surname of Sex Husband's Employ- Address ofwork- ress commence- Thumbimpres- muwtion fortermina- workmaa name merit/ manCVillage and men r of em- sionofwork- of employ- tion

G A Z E T T E Desig- TehsiirTatuk and plo^ment man ment nation DisrCl.

O F

1 2 3 4s 6 78 9 10 11 12

I

N D

I

A

E X T R A O R D

I

N A R Y

[

P A

J

. I

I I

—

SEC. 3(1)] THE GAZETTE OF INDIA EXTRAORDINARY T99

FORM XIV

(See rule 76)

Employment Card

Name tad addre"B 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. S.No.intheregisterofwOrkmenemployed

?. Nature of employment/Designation

4. Wage rate (with particular* of unit, in case of

pleoe-work)

5. Wageperiod

6. Tenure of employment . .

7. Remarks , . . . . .

Signature of Contractor

iOO I DE GAZETTE OF TNDIA EXTRAORDINARY [PV.IT I I-

FORM XV

(Set mlc ' 77)

Service Certificate

Name and address of cOnttacto* , Name and address of establishment Nature and location of work

in/under which contract is carried

on

Employer

Name and address of the work- Name and add rets of Principal man Age Or Date of Birth Identification Marks Father's/Husband's name

SI. Total period for Nature of work done Rate of wage (with parti- Remarks No. which employed cularB of unit in cue of

piece work)

" From To

12 3 4 5 6

Signature

SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 201

Fo"M XVI

[See rule 78(aX")]

Musur Roll

Name and address of Contractor Nam? and address of establjihmerrt in/under which contract is carried on

Nature and location of work Name and "ddrca" of Principal

Employer For the month of

SI Na-ne of workman Father's/Husband's Sex Dates Remarks No. nvne

12 3 4 5

FORM XVII

2 0 2

[ See rule* 78 (2) (a) ]

F egister qf \fagts

Name and Address of Contractor Name and address of Establish roent in/under which

contract is carried on

Nature and location of work

—

Name and address of Principal

Employer

• •—

T H E

Wage Period: Monthly

SI. Name ScrialNo. Designation/ No. of Units Daily Amount of wages earned No. of in the re- nature of days of work rate of

work- gister of workdooe worked done wages f

Deductions, Net Signature/ Jr.itia] of

G A Z E T T E man workman piece rate Basic Dear- Over- Other cash Total if any, amount Thumb contractor

wages ness time payments (indicate paid impression or his

O F

I

Allow- (Nature of nature) of work- represen- ancee payment to man . tative

be indica-

N D

I

ted")

A

1 23 4 56 7 8 9 10 11 12 13 14 is : 16

E X T R A O R D

I

N A R Y

[

P A P

" I I

—

FORM XVIII

S E C

.

[See rule 78 (2) (a)]

3

Form of Rtgister of Xfages-com-Mi^ter Roll

( i ) ]

Name and address of Contractor •—• Name and address of establishment in/undeiwhidti contract is

•

carried on Name andaddress of Principal Employer Wag: period: Weekly/Fortnightly

Nature and location of work

From

to

T H E S). S.No. Name of D^signa- Diily Total Daily Amount of wages earned Deduction Net Signature/ Initials of if any, amount Thumb contractor No. in Re- employee tion/nature alter*- atten- rate of gisterof ' ofwork dance/ dances./ wagss/ Basic Dear- Orer- Orher Total (isdicate paid impression or hisre- workroen units units of piece rate wages ness time cash pay- nature) of work- presenta-

worked work allow- ments (nature man tive

done ance of payments

G A Z E T T E 1 2. .15

tobeindi- cated

O P

I

T 2 3 45 6 7 8 9 10 11 12 13 14 15 16 N D

I

A

E X T R A O R D

I

N A R Y

2 0 3

3O4 T HE GAZETTE OF INDIA EXTRAORDINARY IPART II—

FORM XIX

[S"" Rule 78(a)(b)]

Wag* Slip

Name and Address of Contractor Name and Father't/Hiwband's name

of the workman

Nature and location of work For tbe Week/Fortnight/Mcnth end-

ing

1. No. of days worked

2. No. of units worked in ca3C of piece rate

workers

3. Rrte of daily wagei/piece rate , . .

4. Amount of overtime wages

5. GrOis wages payable

6. Deductions, if any

7. Net amount of wages paid

Initials of the Contractor or his

reprejemutive.

t

FORM—XX

o e

.

tS*"Rule7S(2Xd)]

9

Register of DtducUomfor Damage or Lost

( i ) ]

Nime& Address of Contractor ——. — Name & address of Establishment in/under which contract is

carried on > —•

,

Nature & location of work —— — • Name and address of Principal Employer

T H E SI. Nun: of Patter's/ Dssiga a- ParticHlars Date of Whether work- Name of person Amount of No. of Date of recovery Re-t No. workman husband's tion/Na- of damage Damage man showed in whose pre- deduction instalments—• • nurts

name tnreof orlots or Loss causeagainst sence employ- imposeid FirstinstaJ- LastinstaJ-

employ- deduction ee's explana- noent meat

ment

tion was heard

G A Z E T T E

1 23 45 6 7 8 9 10 11 12 13 _£ O F

I

N D

I

A

B X T R A

0

R D

1

N A R Y

3 0 5

FORM XXI

3 b 6

[See Rule ?S(2Xd)J

Register qf fines

Name&Address of Contractor • Name aod address of establishment in/under which

contract is carried on

Nirare and location of work

Nsros andaddress of Principal Employer

SL Name of Father's/ Designa- Act/Om- Date of Whether Name of person Wage periods Amount of Date on Remarks

T H E

No, workman Husband's tion^nature ission for offence workman in whose pre- & wages pay- fine impos- whkh fine name of employ- whkhfine showed sence employee's able ed realised

meat imposed cause agai- explanation was

nst fine heard

G A Z E T T E

12 3 45 67 8 9 10 11 13

O P

I

N D

I

A

E X T R A O R D

I

N A R Y

[

V M

T

I t -

FORM XXII

A E C

.

r5"Rule78{3Xd)]

t

3

(

1

Registrr of Advances

) )

Name and Address of Contractor 1 Name and address of establishment in/under wbicb contract

is carried on •—•—'—• ; •

Nature and location of work —• • Name and address of Priocipa] Employer

t t i

B SI.. N^me Father's/ Nature of Wdg? psciod and Dare & amount Purpose^) No. of instalments Date & amount Date on which Remarks No Husband's employment wages payable of advance for which by which advance of each instal- last ins tajment

6 name Designation given advance made, to be repaid meat re-paid was repaid

i

A E

t

T E

O F

i

o

i

E

) t r f e

A O M

) i

f t

Y

4 6 7

4 o 6

FORM XXIII

Name and address of Contractor

. . • Name and address of establishment in/under which

contract is carried on —• • '

Nature & location of work : 1 . Name&addrew of Principal Employer -

T H E

rame employment time worked duction in case

SL Name of work-Fathers'/ Sex Dwigaation/Dates on Tota.1 orertime Normal rate Overtime rate Overtime Date on Remarks

No. nan Husband's nature of which over- worked or pro- of wags* of wagas earnings which over-

tune wages

pa"d

ofpiece-ated

G A Z E T T E

i 2 34 56 7 8 9 10 11 T2

O F

I

N D

I

A

E X T R A O R D

I

N A R Y

J

P A U T

I I

—

SEC. 3(i)} THE GAZETTE OF INDIA EXTRAORDINARY 209

FORM XXIV

[Sit rule 82(1)]

Return to be sent by the Contractor to the Licensing Officer

Half Year Ending

1. Name and address of the Contractor .

2. Name and address of the eatablishment

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 em- ployer had worked . . .. (6) the contractor!1 establishment had work-

ed

6. Maximum number of contract labour em- ployed on any day during the half year:

Men Women Children Total

7- CO Daily hours of work and spread over— (it) (a) whether weekly holiday observed and

on what day—

(jb) If so, whether it was paid for—

(Hi) No. of man hours of overtime worked—

S. Number of mandavs worked by—

Mm Women Children Total

9. Amount of wage* paid

Mm Women Children Total

10. Amount of deductions from wages, if any:

Mm Women Children Total

rr. Whether the following have been provided—

(0 Canteen

(if) Rest Rooms

(m) Drinking water

'^y >

("0 Creches . (v) First Aid . * %, •

(If the answer u - ^ i ^ ^ ^ P^ irds provided)

° - ^ r^ Slgnttmr* of Contract P1)1CC.

Date:

2io TH£ CUzETTE OF INDIA MXTRAOROINARV [PART il—

FOKM XXV

[See rule 62(2)]

Annual return of Principal Emptoyer to be sent to the Registering Offter

Year ending 31st December

I. Full name and address Of the Principal Employer:

1. Name of Establishment:

(a) District

(b) Postal Address

(c) Nature of operations/Industry/work carried oil.

3. Full name of the Manager or person responsible for supervision and control of the establishment:

4. No. of contractors who worked in the establishment during the year (Give details in Annexure):

5. Nature of work/operations on which contract labour was employed:

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

7. Total number of mandays worked by contract labour during the year:

8. Maximum No. of workmen employed directly on any day during the year:

9. Total No. of days during the year on which direct labour was employed:

10. Total No. of mandays worked by directly emylMritfkirkmen:

II. Change, if any, in the management of the es^^^HKfit, its location, or any ether particulars furnished to the BegisterinjJ^^HPr *n t*le application for Registration indicating also the dates.

Principal Employer.

Place:

Date:

SEC. 3(1)] THE GAZETTE OF INDIA EXTRAORDINARY 211

ANNEXURE TO FORM

Nature of

of days

:riod of ontract

Ni dp

work

worked

No. of man- days worked

a

rom—To

Maximum No. No. of work- ers employ- ed by each contractor

2

6

4

3

5

K. D. HAJELA, Under Secy.

[No. M-i8on(3)/7i—LWi-I/Cont./I]

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, M I N IO ROAD,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 71


  1. purposes as it may think fil. (ii) While constituting the Committee the Board may nominate one of its mem- bers to be the Chairman of the Committee. c 21 The Committee shall meet at such times and places as the Chairman of the said Committee may decide and the Committee shall observe such rules of procedure in regard to the transaction of business at its meeting as; it may decide upon. (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. Registration and Licensing 17. Manner of making application for registration of establishments.—(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 (1) shall be accompanied by a trea- sury receipt showing payment of the fees for the registration of the establish- ment. (3) Every application referred to in sub-rule d) 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. 18. Grant of certificate of registration.—(1) The certificate of registration granted under sub-section (2) of section 7 shall be in Form II. ↩
  2. 7 S 9 10 II N A M A ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 10 February 1971. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1971-02-10.E-1385-1971-0027-61780/. Archive identifier in.gazette.csl_extraordinary.1971-02-10.E-1385-1971-0027-61780.