Annexure a Contract Labour Act

(1) Any certificate issued in accordance with Article 12 (1) shall be attached to Form VI. 2. Any licence issued or renewed in accordance with Rule 29 shall be subject to the following conditions: (i) The licence shall not be transferable; (ii)the number of workers employed on the holding as temporary workers does not exceed the maximum number specified in the authorisation each day; 5. If the contractor has been convicted of a criminal offence in the previous five years. (1) From the time the competent government may appoint by notification in the Official Gazette, no contractor to whom this Act applies may perform or perform work by temporary work unless the contractor is under and in accordance with a licence issued on that behalf by the licensing officer. (2) Subject to the provisions of this Act, a permit under subsection (1) may contain such conditions, which include, in particular, conditions relating to hours or work, the determination of wages and other essential amenities in relation to contract work that the competent government may impose in accordance with the rules made under section 35, where applicable, and shall be issued against payment of these fees and against the deposit of this amount. If available, as a guarantee for proper compliance with the conditions, as prescribed. NOTES p. 12-Subcontractors or “piecemeal betting” are also responsible for obtaining the license and implementing the provisions of the law and rules. The performance of work in a government project by piece-rate betting by employees employed by them either directly or by Khatedars must be in accordance with the licence obtained under p. 12 (1).

Failure to obtain a permit is a criminal offence punishable under sections 16 to 21 in conjunction with sections 41 to 62 of the Regulations. Workers working on the Salal Hydro v. State J &K project, (1983) 2 SCC 181: (1983) 1 LLJ 494. Ss. 12 & 2(1)(e)(ii)-If, under all agreements, a company took over the work of possession and storage of materials from another company and used for this purpose the services of certain workers, who were employed through Sirdars, the Company, its partners and employees could not be sued for not obtaining a license under Article 12, since the Corporation is a “branch” within the meaning of paragraph 2(1)(e)(ii) and not the contractor of the Corporation. Assuming that the partners and employees of the company or one of them were the main employers, they could not be both entrepreneurs and main employers compared to the same institution. In addition, each of the Sirdar was an entrepreneur within the meaning of the act relating to the undertaking, that is to say, the entity. Since the workers concerned had been supplied by Sirdars, neither the undertaking, nor the partners nor the workers could be regarded as entrepreneurs in respect of those workers. Your responsibility for the acquisition of a license cannot therefore arise.

Feroze Sons vs. .B.C. Basu, (1979) 54, FJR 158 (Cal). Paragraph 12 provided for an obligation not to perform or perform work by contract without a licence, which continued until the licence was obtained and its requirement was met. It is an act that has continued. The execution or execution of work by temporary work without a permit was therefore a new criminal offence every day, which she pursued. Padam Prasad Jain v. State of Bihar, 1978 Laboratory IC 145. At the top (1) The fees to be paid for the issuance of a registration certificate in accordance with § 7 must be indicated as follows, namely: if the number of workers who are to be contractually employed on a given day – Rs. P. (a) 20 20.00 (b) exceeds 20 but does not exceed 50 50.00 (c) exceeds 50, does not exceed but does not exceed l00 100.00 (d) exceeds l00 but does not exceed 200,200.00 (e) exceeds 200 but does not exceed 400,400.00 (f) exceeds 400,500.00 (2) The fees payable for the issuance of a licence under section 12 are determined as follows: If the number of workers employed by the contractor on a day is 20, 5.00 (b) exceeds 20, exceeds 5.00 (b) 20, but does not exceed 50 12.50 (c) exceeds 50, but does not exceed l00 25.00 (d) exceeds l00 but does not exceed 200 50.00 (e) exceeds 200 but does not exceed 400 100.00 (i) exceeds 400 1500.00 of the beginning or, where applicable, completion or similar contractual work in Form VI-A]; (ix) Before 6 a.m. and a.m.

or after 7:00 p.m..m., no contract worker may be employed by a contractor.m. This clause does not apply to the employment of women in baths, nurseries and canteens, nor to midwives and nurses in hospitals and pharmacies. (1) In any place where temporary agency work related to the work of an establishment to which this Act applies is to stop at night and (b) where work requiring the employment of temporary agency workers can be continued during the prescribed period, the contractor shall, for the use of temporary agency work, provide such a number of rest rooms or other suitable alternative accommodation within the prescribed time. 2. The rest rooms to be established in accordance with subsection (1) or other dwellings shall be adequately lit, ventilated and maintained in a clean and comfortable condition. TopNOTES The provisions used are not unreasonable. Gammon India Ltd.c. Union of India, (1974) 1 SCC 596. 48K Other entities.- (1) The competent government may enact that in any establishment (a) to which this Act applies, (b) in which work requiring the employment of temporary workers is likely to continue during the prescribed period, and (c) where contract workers with a certain number of one hundred or more persons are normally employed by contract. one or more canteens are provided and maintained by the contractor for the use of this contract work. 2. Without prejudice to the generality of the abovementioned power, these provisions may: (a) provide for the date on which canteens are made available; (b) the number of canteens to be provided and the standards for the construction, accommodation, furniture and other equipment of canteens; and (c) the food that may be delivered to the premises and the costs that may be collected there.

TopNOTES The provisions used are not unreasonable. Gammon India lid. v. Union of India, (1974) 1 SCC 596.c) Maximum number of contract workers to be employed on a given day through each contractor. (1) The facilities required under sections 18 and 19 of the Act, namely, an adequate supply of safe drinking water, a sufficient number of latrines and urinals, washing and first aid facilities, shall be made available by the Contractor in existing facilities within seven days or after the coming into force of these Regulations and, in the case of new establishments, within seven days of the start of employment of temporary agency workers. in there. (2) If one of the facilities referred to in sub-rule (1) is not made available by the contractor within the prescribed period, the facility shall be granted by the principal employer within seven days after the expiry of the period provided for in the sub-rule. (1) These rules may be referred to as the central rules for contract labour (regulation and abolition), 1971. 2. They shall enter into force on the day of their publication1 in the Official Journal. 2.

Definitions. -In these Rules, unless the subject or context requires otherwise: (a) “Act” means the Contract Labour (Regulation and Abolition) Act 1970; (b) `appeal officer` means the appointing agent appointed by the central government in accordance with Subsection 15 of Article 15; (c) `council` means the central advisory board for contractual work established in accordance with Section 3; (d) `chairman` means the chairman of the management board; (e) “committee” means a committee established in accordance with Article 5 of paragraph 1; (f) `form` means a form annexed to those provisions; (g) `section` means an article of the act; TopCHAPTER IICENTRAL BOARD 3. . .

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