THE CONTRACT LABOUR THE CONTRACT LABOUR ( REGULATION & ( REGULATION &

ABOLITION ) ACT, 1970 ABOLITION ) ACT, 1970 [Act 37 of 1970 as amended by [Act 37 of 1970 as amended by

Act of 1986Act of 198622]]

PREAMBLE/OBJECTIVEPREAMBLE/OBJECTIVE

AN ACT TO - AN ACT TO -

REGULATEREGULATE THE EMPLOYMENT THE EMPLOYMENT OF CONTRACT LABOUR INOF CONTRACT LABOUR IN CERTAIN CERTAIN ESTABLISHMENTSESTABLISHMENTS

PROVIDE FOR ITS PROVIDE FOR ITS ABOLITIONABOLITION IN IN CERTAINCERTAIN CIRCUMSTANCES CIRCUMSTANCES & FOR MATTERS CONNECTED& FOR MATTERS CONNECTED THEREWITH.THEREWITH.

CHAPTER ICHAPTER I

APPLICABLITYAPPLICABLITYAPPLICABLEAPPLICABLE - -

NOT APPLICABLENOT APPLICABLE - -

• IF THE WORK IS OF INTERMITTENT OR CASUAL NATURE

• EVERY ESTT. WHERE 20 OR MORE WORKMEN ARE OR WERE EMPLOYED AS CONTRACT LABOUR ON ANY DAY IN LAST 12 MONTHS

• EVERY CONTRACTOR WHO EMPLOYS OR WHO EMPLOYED 20 OR MORE WORKMEN ON ANY DAY IN LAST 12 MONTHS

SOME IMP. DEFINITIONSSOME IMP. DEFINITIONS Contract LabourContract Labour - - A workman hired in A workman hired in

or in connection with work of an estt., by or in connection with work of an estt., by or thro’ a contractor, with or without or thro’ a contractor, with or without knowledge of principal employer.(Sec.2b)knowledge of principal employer.(Sec.2b)

Contractor Contractor - - A person who undertakes A person who undertakes to produce a given result for the estt., to produce a given result for the estt., other than mere supply of goods or other than mere supply of goods or articles of manufacture to such estt., thro’ articles of manufacture to such estt., thro’ contract labour, or contract labour, or who merely who merely supplies contract laboursupplies contract labour for any work for any work of the estt., & includes a sub-contractor.of the estt., & includes a sub-contractor.(Sec.2c) (Sec.2c)

Principal EmployerPrincipal Employer - - In relation to any Govt. Office or Dept. or aIn relation to any Govt. Office or Dept. or a Local Authority, head of that Office/Dept. orLocal Authority, head of that Office/Dept. or such other Officer as the Govt. or the Localsuch other Officer as the Govt. or the Local Authority may specify in this behalf. Authority may specify in this behalf.

In case of factory, the owner or occupier ofIn case of factory, the owner or occupier of the factory, & manager of the factory, if anythe factory, & manager of the factory, if any so named under the Factories Act, 1948.so named under the Factories Act, 1948.

In case of mine, owner or agent of mine & theIn case of mine, owner or agent of mine & the manager of the mine, if any so named.manager of the mine, if any so named.

In any other estt., any person responsible forIn any other estt., any person responsible for the supervision & control of the estt.the supervision & control of the estt.

(Sec.2g)(Sec.2g)

CHAPTER IIICHAPTER III

Principal Employer of an estt. to make anPrincipal Employer of an estt. to make an application within stipulated time frame,application within stipulated time frame, to the Registering Officer (Asst. Comm. to the Registering Officer (Asst. Comm. of Labour)of Labour) Revocation of RC in certain casesRevocation of RC in certain cases - -

Misrepresentation or suppression of any Misrepresentation or suppression of any material factmaterial fact

If the RC becomes useless or ineffective If the RC becomes useless or ineffective & therefore, requires to be revoked& therefore, requires to be revoked

REGISTRATION OF ESTABLISHMENTREGISTRATION OF ESTABLISHMENT

Effect of Non-RegistrationEffect of Non-Registration - -

If -If -

the estt. has not been registered the estt. has not been registered under the Act within the stipulated under the Act within the stipulated time ; or time ; or

the RC has been revoked,the RC has been revoked,

the principal employer of the estt. tothe principal employer of the estt. towhich this Act applies, shall not which this Act applies, shall not

employemploycontract labour after expiry of period contract labour after expiry of period

ororafter the revocation of RC.after the revocation of RC.

PROHIBITION OF EMPLOYMENT OF PROHIBITION OF EMPLOYMENT OF CONTRACT LABOURCONTRACT LABOUR

Appropriate Govt. may, after Appropriate Govt. may, after consultation with the Central or State consultation with the Central or State Advisory Board, prohibit by Advisory Board, prohibit by notification, employment of contract notification, employment of contract labour in any process, operation or labour in any process, operation or other work in any estt.other work in any estt.

Before issuing any notification as Before issuing any notification as aforesaid, the appropriate Govt. shall aforesaid, the appropriate Govt. shall have regard to the conditions of work have regard to the conditions of work and other benefits provided for the and other benefits provided for the contract labour in that estt. and other contract labour in that estt. and other relevant factors, such as - relevant factors, such as -

Whether the process, operation or Whether the process, operation or other work is incidental to or other work is incidental to or necessary for the industry, trade, necessary for the industry, trade, business, manufact-ure or occupation business, manufact-ure or occupation carried on that estt.;carried on that estt.;

Whether it is of perennial nature i.e. Whether it is of perennial nature i.e. of sufficient duration ;of sufficient duration ;

Whether it is done ordinarily thro’ Whether it is done ordinarily thro’ regular workmen in that estt. or estt. regular workmen in that estt. or estt. similar thereto ;similar thereto ;

Whether it is sufficient to employ Whether it is sufficient to employ considerable number of whole-time considerable number of whole-time workmen.workmen.

CHAPTER IVCHAPTER IV

No Contractor shall undertake or No Contractor shall undertake or execute any work thro’ contract labour execute any work thro’ contract labour except under and in accordance with a except under and in accordance with a licence issued by the Licensiing Officer. licence issued by the Licensiing Officer.

Contractor to make an application Contractor to make an application within stipulated time frame,to the within stipulated time frame,to the Licensing Officer.Licensing Officer.

A Licence shall containA Licence shall contain - -Such conditions including, in Such conditions including, in

particular, hours of work, fixation of particular, hours of work, fixation of wages and other essential amenities wages and other essential amenities in respect of contract labour.in respect of contract labour.

LICENSING OF CONTRACTORSLICENSING OF CONTRACTORS

CHAPTER VCHAPTER V

CanteensCanteens Rest RoomsRest Rooms Other facilities - Drinking Water, Other facilities - Drinking Water,

Latrines & Urinals, Washing facilitiesLatrines & Urinals, Washing facilities First Aid facilitiesFirst Aid facilities Liability of Principal Employer in Liability of Principal Employer in

certain casescertain cases Responsibility for payment of wagesResponsibility for payment of wages

WELFARE & HEALTH OF CONTRACT LABOURWELFARE & HEALTH OF CONTRACT LABOUR

THE UTTAR PRADESH THE UTTAR PRADESH CONTRACT LABOUR CONTRACT LABOUR

( REGULATION & ( REGULATION & ABOLITION ) RULES, 1971ABOLITION ) RULES, 1971

REGISTRATION BY PRINCIPAL EMPLOYERREGISTRATION BY PRINCIPAL EMPLOYER

Application in triplicate in Form No.1 to the Application in triplicate in Form No.1 to the Registering Officer of the areaRegistering Officer of the area

Treasury receipt showing payment of fees for Treasury receipt showing payment of fees for registrationregistration Grant of Certificate of Registration in Form II,Grant of Certificate of Registration in Form II, if the application is complete in all respectsif the application is complete in all respects

Change in the particulars specified in the RCChange in the particulars specified in the RC to be intimated to Registering Officer with theto be intimated to Registering Officer with the particulars & the reasons thereofparticulars & the reasons thereof Amendment of RC - Ensure the prescribedAmendment of RC - Ensure the prescribed fees for registration are depositedfees for registration are deposited

CHAPTER IIICHAPTER III

LICENSING BY CONTRACTORLICENSING BY CONTRACTOR

Application in triplicate in Form No.IV to the Application in triplicate in Form No.IV to the Licensing Officer of the area, accompaniedLicensing Officer of the area, accompanied by-by-

Certificate in Form V, issued byCertificate in Form V, issued by Principal employerPrincipal employer

TreasuryTreasury receipt showingreceipt showing - -

Deposit of Security Deposit of Security Payment of feesPayment of fees

Grant of Licence in Form VI, if the application Grant of Licence in Form VI, if the application is complete in all respectsis complete in all respects

Every licence granted or renewed shallEvery licence granted or renewed shall remain in force till 31st December of thatremain in force till 31st December of that year only year only

Change in the particulars specified inChange in the particulars specified in the Licence to be intimated to Licensingthe Licence to be intimated to Licensing Officer with the particulars & theOfficer with the particulars & the reasons thereofreasons thereof

On good & sufficient reasons, Licence mayOn good & sufficient reasons, Licence may be amended by Licensing Officerbe amended by Licensing Officer Contractor to apply to LO for renewal ofContractor to apply to LO for renewal of licence on or before 31st October licence on or before 31st October

CHAPTER VICHAPTER VI

WAGESWAGES

Contractor shall fix wage period and no Contractor shall fix wage period and no period shall exceed one monthperiod shall exceed one month

Payment of wagesPayment of wagesPayment of wages, how made ?Payment of wages, how made ?Payment of wages on terminationPayment of wages on terminationPayment to be made on working dayPayment to be made on working dayWages to be paid without deduction Wages to be paid without deduction

(except those permissible under Payment (except those permissible under Payment of Wages Act)of Wages Act)

Display of notice showing wage periodDisplay of notice showing wage periodEntries regarding payment of wages, etc. Entries regarding payment of wages, etc.

to be made in Register to be made in Register

CHAPTER VIICHAPTER VII

REGISTERS & RECORDSREGISTERS & RECORDSRegister of Contractors by Principal EmployerRegister of Contractors by Principal EmployerRegister of persons employedRegister of persons employedEmployment CardEmployment CardService CertificateService CertificateMuster Roll, Wage Register Muster Roll, Wage Register Register of Register of

DeductionsDeductionsOvertimeOvertimeFinesFinesAdvancesAdvances

Display of Act and RulesDisplay of Act and RulesNotice showing rates of wages to be Notice showing rates of wages to be

displayeddisplayedSubmission of ReturnsSubmission of Returns

MANAGING CONTRACT LABOURMANAGING CONTRACT LABOUR Why there is need of engaging Contract Labour?Why there is need of engaging Contract Labour? What are the pros and cons of Contract Labour?What are the pros and cons of Contract Labour? What precautions should be taken while What precautions should be taken while

engaging Contract Labour?engaging Contract Labour? Registration Certificate of Principal EmployerRegistration Certificate of Principal Employer Licence of the ContractorLicence of the Contractor Selection of the ContractorSelection of the Contractor Terms and conditions of the AgreementTerms and conditions of the Agreement Appointment of Contract Labour & terms and Appointment of Contract Labour & terms and

conditions of their employmentconditions of their employment Supervision & ControlSupervision & Control Disciplinary MattersDisciplinary Matters PaymentPayment Statutory ComplianceStatutory Compliance