Contract labour 1970


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Contract labour 1970

  1. 1. The Contract Labour (regulation And Abolition) Act, 1970<br />By:<br />Arunima Sharma<br />ArpitaGhosh<br />BushraZaheer Khan<br />Md. Arif<br />
  2. 2. AGENDA<br />Object<br />Applicability<br />History <br />Terminology<br />Registration & Licensing<br />Important sections<br />Latest amendments<br />Linkage with other acts<br />Case studies<br />Conclusion (Pros & cons)<br />
  3. 3. INTRODUCTION<br />Objective: An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.<br />Applicability : <br />20 or more workmen employed on any day in the preceding 12months<br />Employer<br />Contractor<br />
  4. 4. HISTORY<br />1956- Service conditions of labourers, a topic of concern<br />1960- Vaccum Refining Co. case<br />1961- Indian labour conference<br />1962-Recommendation to the bill<br />1967- Bill moved to lokSabha<br />1968- Reference to Joint committee<br />1970- Bill passed<br />1971- Enforcement of Act<br />
  5. 5. Terminology<br />Establishment<br />Contractor<br />Employer<br />Intermittent<br />Revocation<br />Appropriate government<br />
  6. 6. Registration (Sec 7) & Licensing (Sec 12)<br />Registration<br />License<br /> This is taken by Contractor<br /> This is taken by the Principal Employer. <br /> This is valid for only one year / should renewed before due date.<br /> This is not renewable on year to year basis<br /> Certificate of Reg.. Need not be displayed at the establishment by P.E. <br /> License shall be displayed prominently at the premises where the contract work is being carried on.<br />
  7. 7. Registration (Sec 7) & Licensing (Sec 12)<br />Registration<br />License<br /> Issued on Payment of fees.<br /> Issued on Payment of Fee & Security money<br /> Bank Draft + Certt. Of P.E. Is required (Form V)<br /> For only Bank Draft Required.<br /> There is full Annx. Containing conditions for fulfillment by contractor. <br /> No Conditions are attached as a part certt.<br />
  8. 8. Liabilities of the Principal Employer(Sec. 20)<br />To pay wages incase thecontractor fails to do so<br />To nominate a representative to be present at the time of disbursement of wages by the contractor <br />To provide welfare and health facilities <br />Right to recover the expenses involved from the Contractor through bills payable.<br />
  9. 9. Maintain a register and records in form XII giving particulars like<br />No of Contractors and contract labour employed.<br />Nature of work.<br />Rate of wages.<br />Display Notice at a conspicuous place in English and Local Language containing information like<br />Rate of wages.<br />Hour of work.<br />Wage period.<br />Date of payment of wages.<br />Name and address of the Inspectors.<br />Submission of yearly return to Licensing Officer in Form XXV.<br />
  10. 10. Liabilities of the Contractor <br />Maintain a register in form XIII containing information like<br />Muster Roll<br />Wages<br />Deductions.<br />Over time<br />Fines<br />Advance <br />Wage slips<br />Issue an employment card in form XIV to each worker and to issue a service certificate on termination of employment in form XV<br />Submission of half yearly return to Licensing Officer in Form XXIV.<br />
  11. 11. Important Sections<br /><ul><li>(Sec. 10) Prohibition of employment of contract labour.
  12. 12. (Sec. 9) Effect of non-registration.
  13. 13. (Sec. 14) Revocation, suspension and amendment of </li></ul> licences.<br /><ul><li>(Sec. 16) Canteens.
  14. 14. (Sec. 17) Rest-rooms.
  15. 15. (Sec. 30) Effect of laws and agreements inconsistent </li></ul> with this Act. Sec 20<br /><ul><li>(Sec. 21) Responsibility for payment of wages.
  16. 16. (Sec. 22) Obstructions.
  17. 17. (Sec. 23) Contravention of provisions regarding</li></ul> employment of contract labour.<br />
  18. 18. Latest Amendments!!<br />The Contract Labour (Regulation and Abolition) (Amendment) Act, 1986.<br />The Delegated Legislation Provisions (Amendment) Act, 2004.<br />
  19. 19. Acts applicable to Contract Labour ( Linkage with other acts)<br />Factories Act 1948.<br />Employee’s Provident Funds &Miscellaneous Provision Act 1952.<br />The Employees State Insurance Act 1948.<br />The Payment of Wages Act 1936.<br />The Minimum Wages Act 1948.<br />The Industrial Disputes Act 1947.<br />The Workman’s Compensation Act 1923.<br />
  20. 20. Case Studies<br />R.K. Panda v. Steel Authority of India<br />Air India Statutory Corp. v. United Labour Union.<br />Steel Authority of India Ltd. v. National Union Water Front Workers<br />
  21. 21. Conclusion!!!<br />
  22. 22. Questions??<br />
  23. 23. “Thankyou”<br />