BY PRITI
THE CONTRACT LABOR
(REGULATION & ABOLITION)
ACT, 1970
OBJECTIVE
 To prevent exploitation of contract labor
& also to introduce better conditions of work.
 To do away wit the abuses of the
system of employment of contract labor
 It extends to the whole of India.
SHORT TITLE, EXTENT,
COMMENCEMENT & APPLICATION
( SEC.1)
• It applies:-
a. To every establishment in which twenty or more
workmen are employed or were employed on any
day of the preceding twelve months as contract
labor.
b. To every contractor who employees or who
employed on any day of the preceding twelve
months twenty or more workmen
NOT APPLICABLE TO (SEC. 1(5))
• Intermittent nature
• Work not perform for more than 120 days
• Seasonal nature
• Establishment situated in SEZ
DEFINITIONS (SEC.2 )
Sec 2 (c) CONTRACTOR
“Contractor", in relation to an establishment, means
a person who undertakes to produce a given result
for the establishment, other than a mere supply
of goods or articles of manufacture to such
establishment, through contract labor or who supplies
contract labor for any work of the establishment &
includes a sub-contractor.
DEFINITIONS (CONTD..)
Sec 2 (a) WORKMEN
“Workman" means any person employed in or
in connection with the work of any establishment
to do any skilled, semi-skilled or un-skilled manual,
supervisory, technical or clerical work for hire or
reward, whether the terms of employment be express
or implied, but does not include any such person.
Power to constitute committees.-
 The Central Board or the State Board may
constitute such committees for purpose or
purposes as it ma think fit.
 The committee constituted shall meet at such
times and places
 The members of a committee shall be paid
such fees and allowances for attending its
meetings as may be prescribed
PRINCIPAL EMPLOYER
• Head of Department or office
• Occupier/Owner
• Owner or agent of Owner
• Any person responsible for supervision
ADVISORY BOARDS
• CENTRAL ADVISORY CONTRACT LABOR
BOARD (SEC. 3)
a. Chairman (appointed by the Central govt.)
b. Chief Labor commissioner
c. Members > 18 not <11
• STATE ADVISORY CONTRACT LABOR
BOARD (SEC. 4)
a. Chairman
b. Labor commissioner (or any other person by
Govt.)
c. Members>11 not <9
REGISTRATION OF ESTABLISHMENTS
EMPLOYING CONTRACT LABOR
(SEC. 6-10)
• Appointment of registering officers (Sec. 6)
• Registration of certain establishments (Sec. 7)
• Revocation of registration (Sec. 8)
• Effect of non-registration (Sec. 9)
• Prohibition of employment of contract labor (Sec.
10)
APPOINTMENT OF REGISTERING
OFFICERS (SEC. 6)
• Appointed by the Appropriate Govt. By
notification in the official gazette
• Appoint such persons & define the limits, within
which a registering officer shall exercise the powers
conferred on him by or under this Act.
REGISTRATION OF CERTAIN
ESTABLISHMENTS ( SEC.7 )
• Every principal employer of an establishment to
which this Act applies shall, make an application to
the registering officer in the prescribed manner for
registration of the establishment (fee Rs. 20 to 500
relating to no. of workmen employed)
• If the application for registration is complete in all
respects, the registering officer shall register the
establishment & issue to the principal employer of
the establishment a certificate of registration
containing such particulars as may be prescribed.
REVOCATION OF REGISTRATION
(SEC. 8)
• If the registering officer is satisfied that, the
registration of any establishment has been obtained
by misrepresentation or suppression of any material
fact, or that for any other reason the registration has
become useless or ineffective
EFFECT OF NON-REGISTRATION
(SEC. 9)
• In case an establishment required to be registered
under Section 7 is not been registered within the time
fixed for the purpose under that section, then
punishment will be given as per section 36.
PROHIBITION OF EMPLOYMENT OF
CONTRACT LABOR (SEC. 10)
• The appropriate Government may , after
consultation with the Central Board or, as the case
may be, a State Board, prohibit, by notification in
the Official Gazette, employment of contract labor
in any process, operation or other work in any
establishment.
SEC.10 ( CONTD..)
• The appropriate Government shall have regard to
the conditions of work & benefits provided for the
contract labor in that establishment & other
relevant factors, such as –
a) Whether the process, operation or other work is
incidental to, or necessary for the industry, trade,
business, manufacture or occupation that is carried
on in the establishment
SEC.10 ( CONTD..)
b. Whether it is of perennial nature , that is to say ,it is
of sufficient duration having regard to the nature of
industry , trade, business, manufacture or
occupation that is carried on in that establishment
c. Whether it is done ordinarily through regular
workmen in that establishment or an establishment
similar there off
d. Whether it is sufficient to employ considerable
number of whole-time workmen.
LICENSING OF CONTRACTORS
(SEC. 11- 15)
 Section 11: Appointment of licensing officers
 Section 12: Licensing of contractors
 Section 13: Grant of licences
 Section 14: Revocation, suspension & amendment of
licences
 Section 15: Appeals
APPOINTMENT OF LICENSING
OFFICERS ( SEC.11)
 Appoint such persons & define the limits, within
which a licensing officer shall exercise the powers
conferred on him by or under this Act.
LICENSING OF CONTRACTORS (SEC.12)
• Licence is not transferable.(fees Rs. 15 to 375
depending upon the no. Of workmen employed by
contractor & along with security is also deposited).
• No Contractor to whom the act applies can undertake
or execute any work through contract labor except
under & in accordance with a licence issued in that
behalf by the licensing officer.
• Provisions of this act may contain such conditions
including-Hours of work , Fixation of wages &
Other essential amenities
GRANT OF LICENCES (SEC. 13)
• Every application for the grant of a licence under
sub-section(1) of section 12 shall be made in the
prescribed form & shall contain the particulars
• The licensing officer may make investigation
• A licence granted shall be valid for the period
specified therein & may be renewed from time to
time
REVOCATION, SUSPENSION &
AMENDMENT OF LICENCES (SEC.14)
 If the licensing officer is satisfied, either on a
reference made to him in this behalf or otherwise,
that-
a. Obtained by misrepresentation or suppression of
any material fact
b. Failed to comply with the conditions subject to
which the licence has been granted
APPEALS (SEC.15)
 The aggrieved person may within 30 days from the
days on which the order is communicated to him
prefer appeal to appellate officer who shall be a
person nominated by the appropriate govt. for this
purpose.
 Period of 30 days can be extended if there is any
sufficient cause.
WELFARE & HEALTH (SEC.16-21)
 Section 16: Canteen
 Section 17: Rest-rooms
 Section 18: Other facilities
 Section 19: First-aid facilities
 Section 20: Liability Of Principal Employer In
Certain Cases
 Section 21: Responsibility For Payment Of Wages
CANTEEN (SEC.16)
• Appropriate Government may make rules
a. To which this Act applies,
b. Wherein work requiring employment of contract
labor is likely to continue for such period as may be
prescribed, &
c. Wherein contract labor numbering one hundred or
more is ordinarily employed by a contractor, one or
more canteens shall be provided & maintained by
the contractor for the use of such contract labor.
SEC.16 ( CONTD..)
• Without prejudice to the generality of the foregoing
power, such rules may provide for:-
a. The date by which the canteens shall be provided;
b. The number of canteens that shall be provided, &
the standards in respect of construction,
accommodation, furniture & other equipment of the
canteens;
c. The foodstuffs which may be served therein & the
charges which may be made thereof.
REST-ROOMS (SEC.17)
• In every place wherein contract labor is required to
halt at night in connection with the work of an
establishment:-
a. To which this Act applies, &
b. In which work requiring employment of contract
labor is likely to continue for such period as may be
prescribed,
• The rest rooms or the alternative accommodation to
provided under subsection
a. Shall be sufficiently lighted & ventilated
b. Shall be maintained in a clean & comfortable
condition.
OTHER FACILITIES (SEC.18)
 It shall be the duty of every contractor employing
contract labor to provide & maintain:
a. A sufficient supply of wholesome drinking water
b. A sufficient number of latrines & urinals situated
as to be convenient & accessible to the contract
labor &
c. Washing facilities
FIRST-AID FACILITIES (SEC.19)
 There shall be provided & maintained by the
contractor so as to be readily accessible during all
working hours a first-aid box equipped with the
prescribed contents at every place where contract
labor is employed by him.
LIABILITY OF PRINCIPAL EMPLOYER
IN CERTAIN CASES (SEC.20)
• If any amenity required to be provided for the
benefit of the contract labor employed in an
establishment is not provided by the contractor
within the time prescribed thereof, such amenity
shall be provided by the principal employer within
such time as may be prescribed.
SEC.20 ( CONTD..)
• All expenses incurred by the principal employer in
providing the amenity may be recovered by the
principal employer from the contractor either by
deduction from any amount payable to the
contractor under any contract or as a debt
payable by the contractor.
RESPONSIBILITY FOR PAYMENT OF
WAGES (SEC.21)
• A contractor shall be responsible for :-
a. Payment of wages to each worker employed by him
b. Shall be paid before the expiry of such period as
may be prescribed.
• Duty of principle employer
a. Nominate a representative to be present at the time
of disbursement of wages
b. Duty of such representative to certify the amounts
paid as wages in such manner
SEC.21 ( CONTD..)
• It shall be the duty of the contractor to ensure the
disbursement of wages in the presence of the
authorized representative of the principal employer.
• In case the contractor fails to make payment of
wages within the prescribed period or makes short
payment,
a. Then the principal employer shall be liable to make
payment of wages in full or the unpaid balance due,
b. Recover the amount so paid from the contractor
either by deduction from any amount payable to the
contractor under any contract or as a debt payable
by the contractor.
PENALTIES & PROCEDURE
 Obstruction to inspector, willful refusal to produce
documents - punishable with imprisonment for a
term which may extend to 3 months, or with fine
which may extend to Rs. 500, or with both
 Contravention of provisions – Act, rules or condition
of a license granted
 3 Months or/& Rs. 1000. Continuation attracts addl.
fine upto Rs. 100/day
INSPECTOR (SEC.28)
 The appropriate Government may, by notification
in the Official Gazette, appoint such persons as it
thinks fit to be inspectors for the purposes of this Act,
& define the local limits within which they shall
exercise their powers under this Act.
MAINTENANCE OF REGISTERS &
RECORDS (SEC. 29)
 The registers & records to be maintained, the notices
to be displayed & the return to be submitted by the
contractor & the principal employer to the registering
officer or/& licensing officer as explained in the rules
of this act by central / state govt.
 “Small Establishments” (employing >19 not >10)
are required to furnish a core return in Form A &
maintain Registers Form B, Form C & Form D.
 “A Very Small Establishments” (employing >9) are
required to maintain return in Form A & maintain
Register in Form E.
MISCELLANEOUS
 Inspecting Staff
 Registers & Other Records To Be Maintained
 Power To Give Directions
 Power To Remove Difficulties
 Power To Make Rules
AMENDMENT TO CONTRACT LABOR
ACT, 1970
 This act is now applicable to establishments
employing 50 contract workers, the earlier threshold
being 20. This increase in upper limits ensures better
compliance be small entrepreneurs & contractors.
 Companies now have the flexibility to hire
employees or lay them off to adjust to the dem&-
supply scenario that exists in the markets at any
given time.
THANK YOU

Contract labor act

  • 1.
    BY PRITI THE CONTRACTLABOR (REGULATION & ABOLITION) ACT, 1970
  • 2.
    OBJECTIVE  To preventexploitation of contract labor & also to introduce better conditions of work.  To do away wit the abuses of the system of employment of contract labor  It extends to the whole of India.
  • 3.
    SHORT TITLE, EXTENT, COMMENCEMENT& APPLICATION ( SEC.1) • It applies:- a. To every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labor. b. To every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen
  • 4.
    NOT APPLICABLE TO(SEC. 1(5)) • Intermittent nature • Work not perform for more than 120 days • Seasonal nature • Establishment situated in SEZ
  • 5.
    DEFINITIONS (SEC.2 ) Sec2 (c) CONTRACTOR “Contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labor or who supplies contract labor for any work of the establishment & includes a sub-contractor.
  • 6.
    DEFINITIONS (CONTD..) Sec 2(a) WORKMEN “Workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person.
  • 7.
    Power to constitutecommittees.-  The Central Board or the State Board may constitute such committees for purpose or purposes as it ma think fit.  The committee constituted shall meet at such times and places  The members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed
  • 8.
    PRINCIPAL EMPLOYER • Headof Department or office • Occupier/Owner • Owner or agent of Owner • Any person responsible for supervision
  • 9.
    ADVISORY BOARDS • CENTRALADVISORY CONTRACT LABOR BOARD (SEC. 3) a. Chairman (appointed by the Central govt.) b. Chief Labor commissioner c. Members > 18 not <11 • STATE ADVISORY CONTRACT LABOR BOARD (SEC. 4) a. Chairman b. Labor commissioner (or any other person by Govt.) c. Members>11 not <9
  • 10.
    REGISTRATION OF ESTABLISHMENTS EMPLOYINGCONTRACT LABOR (SEC. 6-10) • Appointment of registering officers (Sec. 6) • Registration of certain establishments (Sec. 7) • Revocation of registration (Sec. 8) • Effect of non-registration (Sec. 9) • Prohibition of employment of contract labor (Sec. 10)
  • 11.
    APPOINTMENT OF REGISTERING OFFICERS(SEC. 6) • Appointed by the Appropriate Govt. By notification in the official gazette • Appoint such persons & define the limits, within which a registering officer shall exercise the powers conferred on him by or under this Act.
  • 12.
    REGISTRATION OF CERTAIN ESTABLISHMENTS( SEC.7 ) • Every principal employer of an establishment to which this Act applies shall, make an application to the registering officer in the prescribed manner for registration of the establishment (fee Rs. 20 to 500 relating to no. of workmen employed) • If the application for registration is complete in all respects, the registering officer shall register the establishment & issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed.
  • 13.
    REVOCATION OF REGISTRATION (SEC.8) • If the registering officer is satisfied that, the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective
  • 14.
    EFFECT OF NON-REGISTRATION (SEC.9) • In case an establishment required to be registered under Section 7 is not been registered within the time fixed for the purpose under that section, then punishment will be given as per section 36.
  • 15.
    PROHIBITION OF EMPLOYMENTOF CONTRACT LABOR (SEC. 10) • The appropriate Government may , after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labor in any process, operation or other work in any establishment.
  • 16.
    SEC.10 ( CONTD..) •The appropriate Government shall have regard to the conditions of work & benefits provided for the contract labor in that establishment & other relevant factors, such as – a) Whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment
  • 17.
    SEC.10 ( CONTD..) b.Whether it is of perennial nature , that is to say ,it is of sufficient duration having regard to the nature of industry , trade, business, manufacture or occupation that is carried on in that establishment c. Whether it is done ordinarily through regular workmen in that establishment or an establishment similar there off d. Whether it is sufficient to employ considerable number of whole-time workmen.
  • 18.
    LICENSING OF CONTRACTORS (SEC.11- 15)  Section 11: Appointment of licensing officers  Section 12: Licensing of contractors  Section 13: Grant of licences  Section 14: Revocation, suspension & amendment of licences  Section 15: Appeals
  • 19.
    APPOINTMENT OF LICENSING OFFICERS( SEC.11)  Appoint such persons & define the limits, within which a licensing officer shall exercise the powers conferred on him by or under this Act.
  • 20.
    LICENSING OF CONTRACTORS(SEC.12) • Licence is not transferable.(fees Rs. 15 to 375 depending upon the no. Of workmen employed by contractor & along with security is also deposited). • No Contractor to whom the act applies can undertake or execute any work through contract labor except under & in accordance with a licence issued in that behalf by the licensing officer. • Provisions of this act may contain such conditions including-Hours of work , Fixation of wages & Other essential amenities
  • 21.
    GRANT OF LICENCES(SEC. 13) • Every application for the grant of a licence under sub-section(1) of section 12 shall be made in the prescribed form & shall contain the particulars • The licensing officer may make investigation • A licence granted shall be valid for the period specified therein & may be renewed from time to time
  • 22.
    REVOCATION, SUSPENSION & AMENDMENTOF LICENCES (SEC.14)  If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that- a. Obtained by misrepresentation or suppression of any material fact b. Failed to comply with the conditions subject to which the licence has been granted
  • 23.
    APPEALS (SEC.15)  Theaggrieved person may within 30 days from the days on which the order is communicated to him prefer appeal to appellate officer who shall be a person nominated by the appropriate govt. for this purpose.  Period of 30 days can be extended if there is any sufficient cause.
  • 24.
    WELFARE & HEALTH(SEC.16-21)  Section 16: Canteen  Section 17: Rest-rooms  Section 18: Other facilities  Section 19: First-aid facilities  Section 20: Liability Of Principal Employer In Certain Cases  Section 21: Responsibility For Payment Of Wages
  • 25.
    CANTEEN (SEC.16) • AppropriateGovernment may make rules a. To which this Act applies, b. Wherein work requiring employment of contract labor is likely to continue for such period as may be prescribed, & c. Wherein contract labor numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided & maintained by the contractor for the use of such contract labor.
  • 26.
    SEC.16 ( CONTD..) •Without prejudice to the generality of the foregoing power, such rules may provide for:- a. The date by which the canteens shall be provided; b. The number of canteens that shall be provided, & the standards in respect of construction, accommodation, furniture & other equipment of the canteens; c. The foodstuffs which may be served therein & the charges which may be made thereof.
  • 27.
    REST-ROOMS (SEC.17) • Inevery place wherein contract labor is required to halt at night in connection with the work of an establishment:- a. To which this Act applies, & b. In which work requiring employment of contract labor is likely to continue for such period as may be prescribed, • The rest rooms or the alternative accommodation to provided under subsection a. Shall be sufficiently lighted & ventilated b. Shall be maintained in a clean & comfortable condition.
  • 28.
    OTHER FACILITIES (SEC.18) It shall be the duty of every contractor employing contract labor to provide & maintain: a. A sufficient supply of wholesome drinking water b. A sufficient number of latrines & urinals situated as to be convenient & accessible to the contract labor & c. Washing facilities
  • 29.
    FIRST-AID FACILITIES (SEC.19) There shall be provided & maintained by the contractor so as to be readily accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labor is employed by him.
  • 30.
    LIABILITY OF PRINCIPALEMPLOYER IN CERTAIN CASES (SEC.20) • If any amenity required to be provided for the benefit of the contract labor employed in an establishment is not provided by the contractor within the time prescribed thereof, such amenity shall be provided by the principal employer within such time as may be prescribed.
  • 31.
    SEC.20 ( CONTD..) •All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
  • 32.
    RESPONSIBILITY FOR PAYMENTOF WAGES (SEC.21) • A contractor shall be responsible for :- a. Payment of wages to each worker employed by him b. Shall be paid before the expiry of such period as may be prescribed. • Duty of principle employer a. Nominate a representative to be present at the time of disbursement of wages b. Duty of such representative to certify the amounts paid as wages in such manner
  • 33.
    SEC.21 ( CONTD..) •It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorized representative of the principal employer. • In case the contractor fails to make payment of wages within the prescribed period or makes short payment, a. Then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, b. Recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
  • 34.
    PENALTIES & PROCEDURE Obstruction to inspector, willful refusal to produce documents - punishable with imprisonment for a term which may extend to 3 months, or with fine which may extend to Rs. 500, or with both  Contravention of provisions – Act, rules or condition of a license granted  3 Months or/& Rs. 1000. Continuation attracts addl. fine upto Rs. 100/day
  • 35.
    INSPECTOR (SEC.28)  Theappropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, & define the local limits within which they shall exercise their powers under this Act.
  • 36.
    MAINTENANCE OF REGISTERS& RECORDS (SEC. 29)  The registers & records to be maintained, the notices to be displayed & the return to be submitted by the contractor & the principal employer to the registering officer or/& licensing officer as explained in the rules of this act by central / state govt.  “Small Establishments” (employing >19 not >10) are required to furnish a core return in Form A & maintain Registers Form B, Form C & Form D.  “A Very Small Establishments” (employing >9) are required to maintain return in Form A & maintain Register in Form E.
  • 37.
    MISCELLANEOUS  Inspecting Staff Registers & Other Records To Be Maintained  Power To Give Directions  Power To Remove Difficulties  Power To Make Rules
  • 38.
    AMENDMENT TO CONTRACTLABOR ACT, 1970  This act is now applicable to establishments employing 50 contract workers, the earlier threshold being 20. This increase in upper limits ensures better compliance be small entrepreneurs & contractors.  Companies now have the flexibility to hire employees or lay them off to adjust to the dem&- supply scenario that exists in the markets at any given time.
  • 39.