The document outlines the key aspects of the Contract Labor Act of 1970 in India. It was enacted to prevent the exploitation of contract labor and improve their working conditions. The Act applies to establishments employing 20 or more contract workers and contractors employing the same. It establishes welfare provisions like canteens, restrooms, drinking water, first aid and the responsibilities of contractors and principal employers around payment of wages. Authorities like inspectors, registration officers and various labor boards are constituted to enforce the provisions of the Act.
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The Occupational Safety, Health and Working Conditions Code, 2020 - Part IIIDVSResearchFoundatio
Key Takeaways:
- Hours of Work and Annual Leave with Wages
- Maintenance of Registers, Records and Returns
- Special Provision Relating to Employment of Women
- Key Changes in the Code
Excellent material for Students of PGPSE / CS / CA / LAW for preparation. Join AFTERSCHOOOL - it is free. Become social entrepreneur and change the world
The Occupational Safety, Health and Working Conditions Code, 2020 - Part IIIDVSResearchFoundatio
Key Takeaways:
- Hours of Work and Annual Leave with Wages
- Maintenance of Registers, Records and Returns
- Special Provision Relating to Employment of Women
- Key Changes in the Code
Payment of Wages Act, 1936 - India
Introduction
wages
responsibility for payment of wages
fixation of wages
time of payment of wages
deductions
fines
claims
Appeal
penalty
references
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Payment of Wages Act, 1936 - India
Introduction
wages
responsibility for payment of wages
fixation of wages
time of payment of wages
deductions
fines
claims
Appeal
penalty
references
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
The Contract Labor (Regulation And Abolition) Act was enacted in the year 1970 by the Indian Legislature.
The act applies to all the establishments where the number of workmen employed as contract labor are 20 or more .on any day of the preceding twelve months. it includes all the contracts of Governments and local authorities as well.
This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970. It extends to the whole of India. The Object of the Contract Labour Regulation and Abolition) Act, 1970 is to prevent exploitation of contract labour and also to introduce better conditions of work. A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a Contractor.
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ಬೀಡಿ ಉಧ್ಯಮವನ್ನೇ ನಂಬಿರುವ ಸಂಸಾರಗಳು ಬೀದಿ ಪಾಲಾಗುವ ಸಾಧ್ಯತೆ ಇದೆ. ಆದಷ್ಟು ಬೇಗ ಸರಕಾರಕ್ಕೆ ಹತ್ತಿರ ಇರುವ ಜನರ ಸೇವಕ ಶಾಸನ ಸಭೆಗೆ ಆಯ್ಕೆ ಆದ ಜನಪ್ರತಿನಿದಿಗಳು ಕೂಡಲೇ ಸ್ಪಂದಿಸಬೇಕಾಗಿದೆ
contract labor act 1970 includes all the information related to it with examples , sections ,penalties and procedures
it includes also about amendment in contract labor act
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
3. 1. This Act may be called as the Contract Labor Act,1970.
2. It extends to the whole of India
3. 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. 4. Act does not apply to:-
a) Intermittent nature
b)Work not perform for more than 120 days
c)Seasonal nature
5. 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 labour or who supplies contract labour for any
work of the establishment and includes a sub-contractor.
6. Sec 2 (i) 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. Head of Department or office
Occupier/Owner
Owner or agent of Owner
Any person responsible for supervision
8. Central Advisory Contract Labor Board
Chairman (appointed by the Central govt.)
Chief Labor commissioner
Members > 18 not <11
State Advisory Contract Labor Board
Chairman
Labor commissioner (or any other person by
Govt.)
Members>11 not <9
9.
10. APPOINT SUCH PERSONS TO define the limits,
within which a registering officer shall exercise the
powers conferred on him by or under this Act.
11. 1. 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
2. If the application for registration is complete in all respects, the
registering officer shall register the establishment and issue to the
principal employer of the establishment a certificate of
registration containing such particulars as may be prescribed.
12. 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
13. 1. 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 labour in any process, operation or other work in any establishment.
2. The appropriate Government shall have regard to the conditions of work and benefits
provided for the contract labour in that establishment and 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
14.
15. Appoint such persons define the limits, within which
a licensing officer shall exercise the powers conferred
on licensing officers by or under this Act.
16. 1. With effect from such date as the appropriate government shall undertake or execute any work
through contract labour except under and in accordance with a licence issued in that behalf by the
licensing officer.
2. Provisions of this act may contain such conditions including,
Hours of work
Fixation of wages
Other essential amenities
17. 1. Every application for the grant of a licence under sub-section(
1) of section 12 shall be made in the prescribed form
and shall contain the particulars
2. The licensing officer may make investigation
3. A licence granted shall be valid for the period specified
therein and may be renewed from time to time
18. 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
19.
20. 1. Appropriate Government may make rules
(a) to which this Act applies,
(b) Wherein work requiring employment of contract labour is likely to
continue for such period as may be prescribed, and
(c) wherein contract labour numbering one hundred or more is ordinarily
employed by a contractor, one or more canteens shall be provided and
maintained by the contractor for the use of such contract labour.
21. 1. In every place wherein contract labour is required to halt at night in connection with the
work of an establishment:-
(a) To which this Act applies, and
(b) In which work requiring employment of contract labour is likely to continue for such
period as may be prescribed,
22. 2. The rest rooms or the alternative accommodation to
be provided under subsection
(1) shall be sufficiently lighted and ventilated and
shall be maintained in a clean and comfortable
condition.
23. It shall be the duty of every contractor employing
contract labour to provide and maintain:
a) A sufficient supply of wholesome drinking water
b) A sufficient number of latrines and urinals
situated as to be convenient and accessible to the
contract labour and
c) Washing facilities
24. There shall be provided and 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
labour is employed by him.
25. 1. If any amenity required to be provided for the benefit of the contract
labour 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.
2. 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.
26. 1. A contractor shall be responsible for
Payment of wages to each worker employed by him
Shall be paid before the expiry of such period as
may be prescribed.
27. 2. Duty of principle employer
Shall nominate a representative to be present at the time of disbursement of wages
Shall be the duty of such representative to certify the amounts paid as wages in
such manner
3. 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.
28. 4. In case the contractor fails to make payment of
wages within the prescribed period or makes short
payment,
Then the principal employer shall be liable to make
payment of wages in full or the unpaid balance due,
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.
29. 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, and define the
local limits within which they shall exercise their powers
under this Act.
(2) Subject to any rules made in this behalf, an inspector
may, within the local limits for which he is appointed—
30. (a) enter, at all reasonable hours, with such
assistance (if any), being persons in the service of the
Government or any local or other public authority as
he thinks fit, any premises or place where contract
labour is employed, for the purpose of examining
any register or record or notices required to be
kept or exhibited by or under this Act or rules made
thereunder, and require the production thereof for
inspection;
(b) examine any person whom he finds in any such
premises or place and who, he has reasonable cause
to believe, is a workman employed therein;
31. (c) require any person giving out work and any workman, to give
any information, which is in his power to give with respect to the
names and addresses of the persons to, for and from whom the
work is given out or received, and with respect to the payments to
be made for the work;
(d) seize or take copies of such register, record of wages or
notices or portions thereof as he may consider relevant in respect
of an offence under this Act which he has reason to believe has
been committed by the principal employer or contractor; and
(e) exercise such other powers as may be prescribed.