Contract Labour (Regln & Abolition) Act 1970

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CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970

[37 OF 1970] 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. Be it enacted by Parliament in the Twenty-first Year of the Republic of India as follows: CHAPTER I PRELIMINARY Sh !" "#"$%, %&"%'", ( ))%'(%)%'" *'+ *,,$#(*"# '1- (1 This !ct may be called the "ontract #abour (Re$ulation and !bolition !ct% 1&'() (* It e+tends to the whole of India) (, It shall come into force on such date as the "entral -o.ernment may% by notification in the /fficial -a0ette% appoint and different dates may be appointed for different pro.isions of this !ct) (1 It applies (a to e.ery establishment in which twenty or more wor2men are employed or were employed on any day of the precedin$ twel.e months as contract labour3 (b) to e.ery contractor who employs or who employed on any day of the precedin$ twel.e months twenty or more wor2men : P! .#+%+ that the appropriate -o.ernment may% after $i.in$ not less than two months4 notice of its intention so to do% by notification in the /fficial -a0ette% apply the pro.isions of this !ct to any establishment or contractor employin$ such number of wor2men less than twenty as may be specified in the notification) (5 (a It shall not apply to establishments in which wor2 only of an intermittent or casual nature is performed) (b) If a 6uestion arises whether wor2 performed in an establishment is of an intermittent or casual nature% the appropriate -o.ernment shall decide the 6uestion after consultation with the "entral Board or% as the case may be% a 7tate Board% and its decision shall be final) Explanation : 8or the purpose of this sub-section% wor2 performed in an establishment shall not be deemed to be of an intermittent nature (i) if it was performed for more than one hundred and twenty days in the precedin$ twel.e months% or (ii) if it is of a seasonal character and is performed for more than si+ty days in a year)

D%/#'#"# '01- (1 In this !ct% unless the conte+t otherwise re6uires% 19(a) :appropriate -o.ernment; means% (i) in relation to an establishment in respect of which the appropriate -o.ernment under the Industrial <isputes !ct% 1&1' (11 of 1&1' % is the "entral -o.ernment% the "entral -o.ernment3 (ii) in relation to any other establishment% the -o.ernment of4 the 7tate in which that other establishment is situated 3= (b) a wor2man shall be deemed to be employed as :contract labour; in or in connection with the wor2 of an establishment when he is hired in or in connection with such wor2 by or throu$h a contractor% with or without the 2nowled$e of the principal employer3 (c) :contractor;% in relation to an establishment% means a person who underta2es to produce a $i.en result for the establishment% other than a mere supply of $oods or articles of manufacture to such establishment% throu$h contract labour or who supplies contract labour for any wor2 of the establishment and includes a sub-contractor3 (d) :controlled industry; means any industry the control of which by the >nion has been declared by any "entral !ct to be e+pedient in the public interest3 (e) :establishment; means (i) any office or department of the -o.ernment or a local authority% or (ii) any place where any industry% trade% business% manufacture or occupation is carried on3 (f) :prescribed; means prescribed by rules made under this !ct3 (g) :principal employer; means (i) in relation to any office or department of the -o.ernment or a local authority% the head of that office or department or such other officer as the -o.ernment or the local authority% as the case may be% may specify in this behalf% (ii) in a factory% the owner or occupier of the factory and where a person has been named as the mana$er of the factory under the 8actories !ct% 1&1? (@, of 1&1? % the person so named% (iii) in a mine% the owner or a$ent of the mine and where a person has been named as the mana$er of the mine% the person so named% (iv) in any other establishment% any person responsible for the super.ision and control of the establishment) Explanation: 8or the purpose of sub-clause (iii) of this clause% the e+pressions :mine;% :owner; and :a$ent; shall ha.e the meanin$s respecti.ely assi$ned to them in clause (j), clause (l and clause (c of sub-section (1 of section * of the Aines !ct% 1&5* (,5 of 1&5* 3 (h) :wa$es; shall ha.e the meanin$ assi$ned to it in clause (vi) of section * of the Payment of Ba$es !ct% 1&,@ (1 of 1&,@ 3 (i) :wor2man; means any person employed in or in connection with the wor2 of any establishment to do any s2illed% semi-s2illed or un-s2illed manual% super.isory% technical or clerical wor2 for hire or reward% whether the terms of employment be e+press or

implied but does not include any such person (A) who is employed mainly in a mana$erial or administrati.e capacity 3 or ( ) who% bein$ employed in a super.isory capacity draws wa$es e+ceedin$ fi.e hundred rupees per mensem or e+ercises% either by the nature of the duties attached to the office or by reason of the powers .ested in him% functions mainly of a mana$erial nature3 or (" who is an out-wor2er% that is to say% a person to whom any articles and materials are $i.en out by or on behalf of the principal employer to be made up% cleaned% washed% altered% ornamented% finished% repaired% adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-wor2er or in some other premises% not bein$ premises under the control and mana$ement of the principal employer) (* !ny reference in this !ct to a law which is not in force in the 7tate of Cammu and Dashmir shall% in relation to that 7tate% be construed as a reference to the correspondin$ law% if any% in force in that 7tate) "E!TTFR II THE AD2ISORY BOARDS C%'"!*$ A+.#0 !3 B *!+3- (1 The "entral -o.ernment shall as soon as may be% constitute a board to be called the "entral !d.isory "ontract #abour Board (hereinafter referred to as the "entral Board to ad.ise the "entral -o.ernment on such matters arisin$ out of the administration of this !ct as may be referred to it and to carry out other functions assi$ned to it under this !ct) (* The "entral Board shall consist of (a) a "hairman to be appointed by the "entral -o.ernment3 (b) the "hief #abour "ommissioner ("entral % ex officio! (c) such number of members% not e+ceedin$ se.enteen but not less than ele.en% as the "entral -o.ernment may nominate to represent that -o.ernment% the Railways% the coal industry% the minin$ industry% the contractors% the wor2men and any other interests which% in the opinion of the "entral -o.ernment% ou$ht to be represented on the "entral Board) (, The number of persons to be appointed as members from each of the cate$ories specified in sub-section (* % the term of office and other conditions of ser.ice of% the procedure to be followed in the dischar$e of their functions by% and the manner of fillin$ .acancies amon$% the members of the "entral Board shall be such as may be prescribed : P! .#+%+ that the number of members nominated to represent the wor2men shall not be less than the number of members nominated to represent the principal employers and the contractors) S"*"% A+.#0 !3 B *!+4- (1 The 7tate -o.ernment may constitute a board to be called the 7tate !d.isory "ontract #abour Board (hereinafter referred to as the 7tate Board to ad.ise the 7tate

-o.ernment on such matters arisin$ out of the administration of this !ct as may be referred to it and to carry out other functions assi$ned to it under this !ct) (* The 7tate Board shall consist of (a) a "hairman to be appointed by the 7tate -o.ernment3 (b) the #abour "ommissioner% ex officio, or in his absence any other officer nominated by the 7tate -o.ernment in that behalf3 (c) such number of members% not e+ceedin$ ele.en but not less than nine% as the 7tate -o.ernment may nominate to represent that -o.ernment% the industry% the contractors% the wor2men and any other interests which% in the opinion of the 7tate -o.ernment% ou$ht to be represented on the 7tate Board) (, The number of persons to be appointed as members from each of the cate$ories specified in sub-section (* % the term of office and other conditions of ser.ice of% the procedure to be followed in the dischar$e of their functions by% and the manner of fillin$ .acancies amon$% the members of the 7tate Board shall be such as may be prescribed: P! .#+%+ that the number of members nominated to represent the wor2men shall not be less than the number of members nominated to represent the principal employees and the contractors) P 5%! " ( '0"#"6"% ( ))#""%%07- (1 The "entral Board or the 7tate Board% as the case may be% may constitute such committees and for such purpose or purposes as it may thin2 fit) (* The committee constituted under sub-section (1 shall meet at such time and places and shall obser.e such rules of procedure in re$ard to the transaction of business at its meetin$s as may be prescribed) (, The members of a committee shall be paid such fees and allowances for attendin$ its meetin$s as may be prescribed : P! .#+%+ that no fees shall be payable to a member who is an officer of -o.ernment or of any corporation established by any law for the time bein$ in force) "E!PTFR III REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR A,, #'")%'" / !%8#0"%!#'8 //#(%!09- The appropriate -o.ernment may% by an order notified in the /fficial -a0ette (a) appoint such persons% bein$ -a0etted /fficers of -o.ernment% as it thin2s fit to be re$isterin$ officers for the purposes of this "hapter3 and (b) define the limits% within which a re$isterin$ officer shall e+ercise the powers conferred on him by or under this !ct)

R%8#0"!*"# ' / (%!"*#' %0"*:$#0h)%'"07- (1 F.ery principal employer of an establishment to which this !ct applies shall% within such period as the appropriate -o.ernment may% by notification in the /fficial -a0ette% fi+ in this behalf with respect to establishments $enerally or with respect to any class of them% ma2e an application to the re$isterin$ officer in the prescribed manner for re$istration of the establishment: P! .#+%+ that the re$isterin$ officer may entertain any such application for re$istration after e+piry of the period fi+ed in this behalf if the re$isterin$ officer is satisfied that the applicant was pre.ented by sufficient cause from ma2in$ the application in time) (* If the application for re$istration is complete in all respects% the re$isterin$ officer shall re$ister the establishment and issue to the principal employer of the establishment a certificate of re$istration containin$ such particulars as may be prescribed) R%. (*"# ' / !%8#0"!*"# ' #' (%!"*#' (*0%0;- If the re$isterin$ officer is satisfied% either on a reference made to him in this behalf or otherwise% that the re$istration of any establishment has been obtained by misrepresentation or suppression of any material fact% or that for any other reason the re$istration has become useless or ineffecti.e and% therefore re6uires to be re.o2ed% the re$isterin$ officer may% after $i.in$ an opportunity to the principal employer of the establishment to be heard and with the pre.ious appro.al of the appropriate -o.ernment% re.o2e the re$istration) E//%(" / ' '<!%8#0"!*"# '9- Go principal employer of an establishment% to which this !ct applies% shall (a) in the case of an establishment re6uired to be re$istered under section '% but which has not been re$istered within the time fi+ed for the purpose under that section% (b) in the case of an establishment the re$istration in respect of which has been re.o2ed under section ?% employ contract labour in the establishment after the e+piry of the period referred to in clause (a or after the re.ocation of re$istration referred to in clause (b), as the case may be) P! h#:#"# ' / %),$ 3)%'" / ( '"!*(" $*: 6!10- (1 Gotwithstandin$ anythin$ contained in this !ct% the appropriate -o.ernment may% after consultation with the "entral Board or% as the case may be% a 7tate Board% prohibit% by notification in the /fficial -a0ette% employment of contract labour in any process% operation or other wor2 in any establishment) (* Before issuin$ any notification under sub-section (1 in relation to an establishment% the appropriate -o.ernment shall ha.e re$ard to the conditions of wor2 and benefits pro.ided for the contract labour in that establishment and other rele.ant factors% such as (a) whether the process% operation or other wor2 is incidental to% or necessary for the industry% trade% business% manufacture or occupation that is carried on in the

establishment 3 (b) whether it is of perennial nature% that is to say% it is of sufficient duration ha.in$ re$ard to the nature of industry% trade% business% manufacture or occupation carried on in that establishment3 (c) whether it is done ordinarily throu$h re$ular wor2men in that establishment or an establishment similar thereto 3 (d) whether it is sufficient to employ considerable number of whole-time wor2men) Explanation : If a 6uestion arises whether any process or operation or other wor2 is of perennial nature% the decision of the appropriate -o.ernment thereon shall be final)

"E!PTFR IH LICENSING OF CONTRACTORS A,, #'")%'" / $#(%'0#'8 //#(%!011- The appropriate -o.ernment may% by an order notified in the /fficial -a0ette% (a) appoint such persons% bein$ -a0etted /fficers of -o.ernment% as it thin2s fit to be licensin$ officers for the purposes of this "hapter3 and (b) define the limits% within which a licensin$ officer shall e+ercise the powers conferred on licensin$ officers by or under this !ct) L#(%'0#'8 / ( '"!*(" !011- (1 Bith effect from such date as the appropriate -o.ernment may% by notification in the /fficial -a0ette% appoint% no contractor to whom this !ct applies% shall underta2e or e+ecute any wor2 throu$h contract labour e+cept under and in accordance with a licence issued in that behalf by the licensin$ officer) (* 7ubIect to the pro.isions of this !ct% a licence under sub-section (1 may contain such conditions includin$% in particular% conditions as to hours of wor2% fi+ation of wa$es and other essential amenities in respect of contract labour as the appropriate -o.ernment may deem fit to impose in accordance with the rules% if any% made under section ,5 and shall be issued on payment of such fees and on the deposit of such sum% if any% as security for the due performance of the conditions as may be prescribed) G!*'" / $#(%'(%013- (1 F.ery application for the $rant of a licence under sub-section (1 of section 1* shall be made in the prescribed form and shall contain the particulars re$ardin$ the location of the establishment% the nature of process% operation or wor2 for which contract labour is to be employed and such other particulars as may be prescribed) (* The licensin$ officer may ma2e such in.esti$ation in respect of the application recei.ed under sub-section (1 and in ma2in$ any such in.esti$ation the licensin$ officer shall follow such procedure as may be prescribed) (, ! licence $ranted under this "hapter shall be .alid for the period specified therein and

may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed) R%. (*"# ', 060,%'0# ' *'+ *)%'+)%'" / $#(%'(%014- (1 If the licensin$ officer is satisfied% either on a reference made to him in this behalf or otherwise% that (a) a licence $ranted under section 1* has been obtained by misrepresentation or suppression of any material fact% or (b) the holder of a licence has% without reasonable cause% failed to comply with the conditions subIect to which the licence has been $ranted or has contra.ened any of the pro.isions of this !ct or the rules made thereunder% then without preIudice to any other penalty to which the holder of the licence may be liable under this !ct% the licensin$ officer may% after $i.in$ the holder of the licence an opportunity of showin$ cause% re.o2e or suspend the licence or forfeit the sum% if any% or any portion thereof deposited as security for the due performance of the conditions subIect to which the licence has been $ranted) (* 7ubIect to any rules that may be made in this behalf% the licensin$ officer may .ary or amend a licence $ranted under section 1*) A,,%*$17- (1 !ny person a$$rie.ed by an order made under section '% section ?% section 1* or section 11 may% within thirty days from the date on which the order is communicated to him% prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate -o.ernment : P! .#+%+ that the appellate officer may entertain the appeal after the e+piry of the said period of thirty days% if he is satisfied that the appellant was pre.ented by sufficient cause from filin$ the appeal in time) (* /n receipt of an appeal under sub-section (1 % the appellate officer shall% after $i.in$ the appellant an opportunity of bein$ heard dispose of the appeal as e+peditiously as possible)

"E!PTFR H =ELFARE AND HEALTH OF CONTRACT LABOUR C*'"%%'019- (1 The appropriate -o.ernment may ma2e rules re6uirin$ that in e.ery establishment (a) to which this !ct applies% (b) wherein wor2 re6uirin$ employment of contract labour is li2ely to continue for such period as may be prescribed% and (c wherein contract labour numberin$ one hundred or more is ordinarily employed by a

contractor% one or more canteens shall be pro.ided and maintained by the contractor for the use of such contract labour) (* Bithout preIudice to the $enerality of the fore$oin$ power% such rules may pro.ide for (a) the date by which the canteens shall be pro.ided 3 (b) the number of canteens that shall be pro.ided% and the standards in respect of construction% accommodation% furniture and other e6uipment of the canteens 3 and (c the foodstuffs which may be ser.ed therein and the char$es which may be made therefor) R%0"<! )017- (1 In e.ery place wherein contract labour is re6uired to halt at ni$ht in connection with the wor2 of an establishment (a) to which this !ct applies% and (b) in which wor2 re6uirin$ employment of contract labour is li2ely to continue for such period as may be prescribed% there shall be pro.ided and maintained by the contractor for the use of the contract labour such number of rest-rooms or such other suitable alternati.e accommodation within such time as may be prescribed) (* The rest-rooms or the alternati.e accommodation to be pro.ided under sub-section (1 shall be sufficiently li$hted and .entilated and shall be maintained in a clean and comfortable condition) O"h%! /*(#$#"#%01;- It shall be the duty of e.ery contractor employin$ contract labour in connection with the wor2 of an establishment to which this !ct applies% to pro.ide and maintain (a) a sufficient supply of wholesome drin2in$ water for the contract labour at con.enient places3 (b) a sufficient number of latrines and urinals of the prescribed types so situated as to be con.enient and accessible to the contract labour in the establishment3 and (c) washin$ facilities)

F#!0"<*#+ /*(#$#"#%019- There shall be pro.ided and maintained by the contractor so as to be readily accessible durin$ all wor2in$ hours a first-aid bo+ e6uipped with the prescribed contents at e.ery place where contract labour is employed by him) L#*:#$#"3 / ,!#'(#,*$ %),$ 3%! #' (%!"*#' (*0%010- (1 If any amenity re6uired to be pro.ided under section 1@% section 1'% section 1? or

section 1& for the benefit of the contract labour employed in an establishment is not pro.ided by the contractor within the time prescribed therefor% such amenity shall be pro.ided by the principal employer within such time as may be prescribed) (* !ll e+penses incurred by the principal employer in pro.idin$ the amenity may be reco.ered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt by the contractor) R%0, '0#:#$#"3 / ! ,*3)%'" / 5*8%011- (1 ! contractor shall be responsible for payment of wa$es to each wor2er employed by him as contract labour end such wa$es shall be paid before the e+piry of such period as may be prescribed) (* F.ery principal employer shall nominate a representati.e duly authorised by him to be present at the time of disbursement of wa$es by the contractor and it shall be the duty of such representati.e to certify the amounts paid as wa$es in such manner as may be prescribed) (, It shall be the duty of the contractor to ensure the disbursement of wa$es in the presence of the authorised representati.e of the principal employer) (1 In case the contractor fails to ma2e payment of wa$es within the prescribed period or ma2es short payment% then the principal employer shall be liable to ma2e payment of wa$es in full or the unpaid balance due% as the case may be% to the contract labour employed by the contractor and reco.er 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) "E!PTFR HI PENALTIES AND PROCEDURE O:0"!6("# '011- (1 Bhoe.er obstructs an inspector in the dischar$e of his duties under this !ct or refuses or wilfully ne$lects to afford the inspector any reasonable facility for ma2in$ any inspection% e+amination% in6uiry or in.esti$ation% authorised by or under this !ct in relation to an establishment to which% or a contractor to whom% this !ct applies% shall be punishable with imprisonment for a term which may e+tend to three months% or with fine which may e+tend to fi.e hundred rupees% or with both) (* Bhoe.er wilfully refuses to produce on the demand of an inspector any re$ister or other document 2ept in pursuance of this !ct or pre.ents or attempts to pre.ent or does anythin$ which he has reason to belie.e is li2ely to pre.ent any person from appearin$ before or bein$ e+amined by an inspector actin$ in pursuance of his duties under this !ct% shall be punishable with imprisonment for a term which may e+tend to three months% or with fine which may e+tend to fi.e hundred rupees% or with both)

C '"!*.%'"# ' / ,! .#0# '0 !%8*!+#'8 %),$ 3)%'" / ( '"!*(" $*: 6!13- Bhoe.er contra.enes any pro.ision of this !ct or of any rules made thereunder prohibitin$% restrictin$ or re$ulatin$ the employment of contract labour% or contra.enes any condition of a licence $ranted under this !ct% shall be punishable with imprisonment for a term which may e+tend to three months% or with fine which may e+tend to one thousand rupees% or with both% and in the case of a continuin$ contra.ention with an additional fine which may e+tend to one hundred rupees for e.ery day durin$ which such contra.ention continues after con.iction for the first such contra.ention) O"h%! //%'(%014- If any person contra.enes any of the pro.isions of this !ct or of any rules made thereunder for which no other penalty is elsewhere pro.ided% he shall be punishable with imprisonment for a term which may e+tend to three months% or with fine which may e+tend to one thousand rupees% or with both) O//%'(%0 :3 ( ),*'#%017- (1 If the person committin$ an offence under this !ct is a company% the company as well as e.ery person in char$e of% and responsible to% the company for the conduct of its business at the time of commission of the offence shall be deemed to be $uilty of the offence and shall be liable to be proceeded a$ainst and punished accordin$ly: P! .#+%+ that nothin$ contained in this sub-section shall render any such person liable to any punishment if he pro.es that the offence was committed without his 2nowled$e or that he e+ercised all due dili$ence to pre.ent the commission of such offence) (* Gotwithstandin$ anythin$ contained in sub-section (1 % where an offence under this !ct has been committed by a company and it is pro.ed that the offence has been committed with the consent or conni.ance of% or that the commission of the offence is attributable to any ne$lect on the part of any director% mana$er% mana$in$ a$ent or any other officer of the company% such director% mana$er% mana$in$ a$ent or such other officer shall also be deemed to be $uilty of that offence and shall be liable to be proceeded a$ainst and punished accordin$ly) Explanation: 8or the purpose of this section (a) :company; means any body corporate and includes a firm or other association of indi.iduals3 and (b) :director;% in relation to a firm% means a partner in the firm) C 8'#>*'(% / //%'(%019- Go court shall ta2e co$ni0ance of any offence under this !ct e+cept on a complaint made by% or with the pre.ious sanction in writin$ of% the inspector and no court inferior to that of a Presidency Aa$istrate or a Aa$istrate of the first class shall try any offence punishable under this !ct)

L#)#"*"# ' / ,! 0%(6"# '017- Go court shall ta2e co$ni0ance of an offence punishable under this !ct unless the complaint thereof is made within three months from the date on which the alle$ed commission of the offence came to the 2nowled$e of an inspector: P! .#+%+ that where the offence consists of disobeyin$ a written order made by an inspector% complaint% thereof may be made within si+ months of the date on which the offence is alle$ed to ha.e been committed)

"E!PTFR HII MISCELLANEOUS I'0,%("#'8 0"*//1;- (1 The appropriate -o.ernment may% by notification in the /fficial -a0ette% appoint such persons as it thin2s fit to be inspectors for the purposes of this !ct% and define the local limits within which they shall e+ercise their powers under this !ct) (* 7ubIect to any rules made in this behalf% an inspector may% within the local limits for which he is appointed (a) enter% at all reasonable hours% with such assistance (if any % bein$ persons in the ser.ice of the -o.ernment or any local or other public authority as he thin2s fit% any premises or place where contract labour is employed% for the purpose of e+aminin$ any re$ister or record or notices re6uired to be 2ept or e+hibited by or under this !ct or rules made thereunder% and re6uire the production thereof for inspection3 (b) e+amine any person whom he finds in any such premises or place and who% he has reasonable cause to belie.e% is a wor2man employed therein 3 (c) re6uire any person $i.in$ out wor2 and any wor2man% to $i.e any information% which is in his power to $i.e with respect to the names and addresses of the persons to% for and from whom the wor2 is $i.en out or recei.ed% and with respect to the payments to be made for the wor2 3 (d) sei0e or ta2e copies of such re$ister% record of wa$es or notices or portions thereof as he may consider rele.ant in respect of an offence under this !ct which he has reason to belie.e has been committed by the principal employer or contractor3 and (e) e+ercise such other powers as may be prescribed) (, !ny information re6uired to produce any document or thin$ or to $i.e any information re6uired by an inspector under sub-section (* shall be deemed to be le$ally bound to do so within the meanin$ of section 1'5 and section 1'@ of the Indian Penal "ode (15 of 1?@( ) (1 The pro.isions of the "ode of "riminal Procedure% 1?&? (5 of 1?&? % shall% so far as may be% apply to any search or sei0ure under sub-section (* as they apply to any search or sei0ure made under the authority of a warrant issued under section &? of the said "ode)J

R%8#0"%!0 *'+ "h%! !%( !+0 " :% )*#'"*#'%+19- (1 F.ery principal employer and e.ery contractor shall maintain such re$isters and records $i.in$ particulars of contract labour employed% the nature of wor2 performed by the contract labour% the rates of wa$es paid to the contract labour and such other particulars in such form as may be prescribed) (* F.ery principal employer and e.ery contractor shall 2eep e+hibited in such manner as may be prescribed within the premises of the establishment where the contract labour is employed% notices in the prescribed form containin$ particulars about the hours of wor2% nature of duty and such other information as may be prescribed) E//%(" / $*50 *'+ *8!%%)%'"0 #'( '0#0"%'" 5#"h "h#0 A("30- (1 The pro.isions of this !ct shall ha.e effect notwithstandin$ anythin$ inconsistent therewith contained in any other law or in the terms of any a$reement or contract of ser.ice% or in any standin$ orders applicable to the establishment whether made before or after the commencement of the !ct: P! .#+%+ that where under any such a$reement% contract of ser.ice or standin$ orders the contract labour employed in the establishment are entitled to benefits in respect of any matter which are more fa.ourable to them than those to which they would be entitled under this !ct% the contract labour shall continue to be entitled to the more fa.ourable benefits in respect of that matter% notwithstandin$ that they recei.ed benefits in respect of other matters under this !ct) (* Gothin$ contained in this !ct shall be construed as precludin$ any such contract labour from enterin$ into an a$reement with the principal employer or the contractor% as the case may be% for $rantin$ them ri$hts or pri.ile$es in respect of any matter which are more fa.ourable to them than those to which they would be entitled under this !ct) P 5%! " %&%)," #' 0,%(#*$ (*0%031- The appropriate -o.ernment may% in the case of an emer$ency% direct% by notification in the /fficial -a0ette% that subIect to such conditions and restrictions% if any% and for such period or periods% as may be specified in the notification% all or any of the pro.isions of this !ct or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors) P! "%("# ' / *("# ' "*?%' 6'+%! "h#0 A("31- (1 Go suit% prosecution or other le$al proceedin$s shall lie a$ainst any re$isterin$ officer% licensin$ officer or any other -o.ernment ser.ant or a$ainst any member of the "entral Board or the 7tate Board% as the case may be% for anythin$ which is in $ood faith done or intended to be done in pursuance of this !ct or any rule or order made thereunder) (* Go suit or other le$al proceedin$ shall lie a$ainst the -o.ernment for any dama$e caused or li2ely to be caused by anythin$ which is in $ood faith done or intended to be done in pursuance of this !ct or any rule or order made thereunder)

P 5%! " 8#.% +#!%("# '033- The "entral -o.ernment may $i.e directions to the -o.ernment of any 7tate as to the carryin$ into e+ecution in the 7tate of the pro.isions contained in this !ct) P 5%! " !%) .% +#//#(6$"#%034- If any difficulty arises in $i.in$ effect to the pro.isions of this !ct% the "entral -o.ernment may% by order published in the /fficial -a0ette% ma2e such pro.isions not inconsistent with the pro.isions of this !ct% as appears to it to be necessary or e+pedient for remo.in$ the difficulty) P 5%! " )*?% !6$%037- (1 The appropriate -o.ernment may% subIect to the condition of pre.ious publication% ma2e rules for carryin$ out the purposes of this !ct) (* In particular% and without preIudice to the $enerality of the fore$oin$ power% such rules may pro.ide for all or any of the followin$ matters% namely : (a the number of persons to be appointed members representin$ .arious interests on the "entral Board and the 7tate Board% the term of their office and other conditions of ser.ice% the procedure to be followed in the dischar$e of their functions and the manner of fillin$ .acancies 3 (b) the times and places of the meetin$s of any committee constituted under this !ct% the procedure to be followed as such meetin$s includin$ the 6uorum necessary for the transaction of business% and the fees and allowances that may be paid to the members of a committee 3 (c) the manner in which establishments may be re$istered under section '% the le.y of a fee therefor and the form of certificate of re$istration3 (d) the form of application for the $rant or renewal of a licence under section 1, and the particulars it may contain 3 (e) the manner in which an in.esti$ation is to be made in respect of an application for the $rant of a licence and the matters to be ta2en into account in $rantin$ or refusin$ a licence 3 (f) the form of a licence which may be $ranted or renewed under section 1* and the conditions subIect to which the licence may be $ranted or renewed% the fees to be le.ied for the $rant or renewal of a licence and the deposit of any sum as security for the performance of such conditions 3 (g) the circumstances under which licences may be .aried or amended under section 113 (h) the form and manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposin$ of the appeals3 (i) the time within which facilities re6uired by this !ct to be pro.ided and maintained may be so pro.ided by the contractor and in case of default on the part of the contractor% by the principal employer3 (j) the number and types of canteens% rest-rooms% latrines and urinals that should be

pro.ided and maintained 3 (") the type of e6uipment that should be pro.ided in the first-aid bo+es3 (l) the period within which wa$es payable to contract labour should be paid by the contractor under sub-section (1 of section *13 (m the form of re$isters and records to be maintained by principal employsers and contractors 3 (n) the submission of returns% forms in which% and the authorities to which% such returns may be submitted 3 (o the collection of any information or statistics in relation to contract labour3 and (p) any other matter which has to be% or may be% prescribed under this !ct) (, F.ery rule made by the "entral -o.ernment under this !ct shall be laid as soon as may be after it is made% before each Eouse of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successi.e sessions% and if before the e+piry of the session in which it is so laid or the session immediately followin$% both Eouses a$ree in ma2in$ any modification in the rule or both Eouses a$ree that the rule should not be made% the rule shall thereafter ha.e effect only in such modified form or be of no effect% as the case may be 3 so% howe.er% that any such modification or annulment shall be without preIudice to the .alidity of anythin$ pre.iously done under that rule) JJJJ

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