Contract Labour
Ø The
contract labour is labour which is not carried on the payroll and is not directly
paid. It is usually divided into two categories.
Ø Those
employed on job contracts; and Those employed on labour contracts
Ø The large
establishments offer job contracts for such operations as the loading and
unloading of the metals by the mining industry or the construction of roads or
buildings by Public Works Department.
The Contract Labour Act, 1970.
Scope and
Coverage
The Act
came into force from 10th February 1971. It extends to the whole of India and
applies to every establishment in which twenty or more workmen are or were,
employed on any day during the preceding twelve months as contract labour, and
to every contractor
The Act
does not apply to establishments where work is of a casual (irregular or
occasional or intermittent (interrupted or non-continues) nature. The work
performed in an establishment is not considered to be of an intermittent
nature:
(i) If it is
performed for more than one hundred and twenty days in the preceding twelve
months;
(ii) It is not
of seasonal character if it is performed for more than sixty days in a year.
THE MAIN
PROVISIONS OF THE ACT
(1)
Setting Up of Advisory Boards
The Act
requires that the Central and State Advisory Boards are to be set up by the
Central and State Governments, respectively to advise them on such matters
arising out of the administration of the Act as may be refereed to them, and
carry out any other functions assigned to them under the Act. Besides, the
government nominees, the Boards havemembers representing industry, contractors,
workers, and any other interesgovernment may consider should be represented on
the Boards. The number of nominees of the workers is to be equal to that of
industry and contractors, both on the State and the Central Boards (section
3,4)
(2)
Registration of Establishment
Every
principal employer who wishes to employ contract labour has to get the
establishment is accepted for registration. the registration officer issues a
registration certificate if the establishment is accepted for registration.
This certificate can be cancelled if it has been obtained by misrepresentation
or suppression of any material fact, or if the registration has become useless
or ineffective or requires to be revoked.
The
contract labour cannot be employed so long as the registration certificate has
not been issued or after it is revoked. The employer has to play a registration
fee of twenty rupees to five hundred rupees depending on the number of workers
to be employed (Section 6, 7, 8, 9)
(3)
Prohibition of employment of Contract Labour
Both the
Central and State Governments can prohibit the employment of contract labour in
any process, operation or other work in any establishment after consulting
their Advisory Boards, and consider the conditions of work and benefits
provided for contract labour in the establishment. The employment of contract
labour may not be permitted for any process, operation and other work if it is:
(a) incidental
to or necessary for the industry, trade, business, manufacture or occupation
that is carried on in the establishment;
(b) of
perennial or perpetual nature or of a sufficient duration
(c) done
ordinarily through regular workmen in that establishment or an similar thereto:
(d) capable
of employing considerable number of wholetime workmen.
(4) Licensing of Contractors
Every
contractor has to obtain a licensing for employing contract labour from the
licensing officer appointed by the government for this purpose. In this
application for a licensing he has to mention the location of his
establishment, the nature of the operation or the work for which contract
labour is to be employed, and such other particulars as may be required by the
licensing officer. He is charged a licence fee, which may vary from fivec
rupees to one hundred and twenty five rupees, depending on the number of
workers to be employed
(5) Welfare
and Health of Contract Labour
Ø A
contractors are required to provide and maintain:
Ø A
Sufficient supply of wholesome drinking water at convenient places;
Ø A
sufficient number of latrines and urinals of the prescribed type conveniently
situated and accessible.
Washing
facilities;
A first
–aid box equipped with prescribed contents at every place where contract labour
is employed; One or more canteens if the work is to continue for more than 6
months and 100 or more workers are employed. The number of canteens, the
standard of their construction, furniture and equipment, and the type of food
to be supplied will be as prescribed under the rules framed by the government
(6)
Responsibility for payment of Wages
Ø The
contractor is also to be responsible for making regular and timely payment of
wages to his workers. The payment is to be made in the presence of the
authorized representative of the principal employer. If the contractor does not
make payment, the principal employer will do the same and recover the amount so
paid from the contractor (Section 16 to 21)
Ø Get his
establishment registered with the registering officer appointed by the
government (Section 7);
Ø Obtain a
license from the licensing officer for employing contract labour and comply
with the terms and conditions of the grant of the license (Section 12);
Ø Not to
employ contract labour without obtaining a registration certificate and
license, or after the registration certificate and license are revoked or suspended
(Section 9, 12, 1);
Ø Provide
welfare and health facilities as required under the Act and its rules (Section
16, 19);
Ø Pay wages
to workers before the expiry of the wages period (Section 21);
Ø Co-operate
with the inspectors in the inspection of premises, documents and records and
examining any person to determine if the provisions of the Act and the rules
framed there under are being complied with (Section 28);
Ø Maintain
the registers and records with such particulars of contract labour, as nature
of work performed, rates of wages and other information specified in Rules 74
and 78 of the Act (Section 29);
Ø Exhibit
in the premises of the establishment where contract labour is employed a notice
showing hours of work, rates of wages, wage periods, dates of payment of wages,
nature of duties and other particulars as mentioned in Rule 81 of the Act
(Section 29 (2)); and
Ø Send a half-yearly return to the licensing officer
and yearly return to the registration officer, and to supply such information
and statistics as may be required by the government from time to time.
(9)Rights
of Contract Labour
Ø Claim
such working conditions, facilities and other benefits as are provided for
under the Act and the rules framed there under (Section 16 to 22); and
Ø They can
be represented by their representatives on the Central and State Advisory
Boards (Section 4)
Organized
Labour and Unorganized Labour
Construction Labour
Construction
industry employs around three million workers and the nature of work is
considered hazardous. Large number of unskilled and semiskilled labour both
male and female is employed on various form of building operation and road
constructions.
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