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Contractors,Pr Employers(Contract Labour Act,1970)

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Last Updated On: 18/04/2016  

Coverage of the Contract Labour 
(Regulation and Abolition) Act, 1970

This Act applies:

  • to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding 12 months as contract labour;  

  • to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.

In this Act:

�contractor� in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than 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;

�Establishment� means:-

  • any office or department of the Government or a local authority, or

  • any place where any industry, trade, business, manufacture or occupation is carried on;          

�Principal Employer� means:-

  • In relation to any office or department of the Government or a local    authority, the head of that office or department or such other officer  as the Government or the local authority, as the case may be, may specify in this behalf. 

  • In a factory, the owner or occupier of the factory and where a person has been named as he manager of the factory under Factories Act,1948 (63 of 1948), the person so named,   

  • In a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,

  • In any other establishment, any person responsible for the supervision and control of the establishment.

Registration of Principal Employer

Every principal employer of an establishment to which this Act applies is bound to get the establishment registered. The principal employer for obtaining Registration Certificate shall submit application on Form No-I to the registering officer of the area in which the establishment sought to be registered is located and shall deposit fee as per Fee Schedule (Annexure-I).

 

Licensing of Contractor

No contractor to whom this Act applies shall undertake or execute any work through contract labour except under & in accordance with a license issued in that behalf by the licensing officer. A contractor for obtaining license shall obtain a certificate on prescribed Form No-V from the principal employer and submit the certificate alongwith the Application on Form No-IV to the licensing officer of the area in which the establishment in relation to which he is the contractor is located. He shall deposit fee as per Fee Schedule (Annexure-II) and security @ Rs. 30/- for each of the workman to be employed as contract labour with the Govt. treasury through treasury challan signed by concerned Licensing Officer. The security is refundable on completion of the contract work. The contractor license remains valid for a period of twelve  months and can be renewed on making an application in Form No-VII and on payment of fee which is the same as in for registration.

 

Registering Officers/Licensing Officers

The Government of Himachal Pradesh has appointed the Labour Officers to be registering Officers for registration of establishments employing contract labour and as licensing officers for licensing of contractors for establishments located within their jurisdiction as under:-

SR. NO.

NAME AND ADDRESS OF THE REGISTERING OFFICER/LICENSING OFFICER

JURISDICTION

1.

Labour Officer, Kangra at Dharamshala,H.P.

District Chamba

District Hamirpur

District Kangra

2.

Labour Officer Mandi,H.P.

District Mandi

District Bilaspur

District Kullu except Sub-Division Anni

District Lahaul Spiti except Sub-Division  Spiti

3.

Labour Officer, Shimla, H.P.

District Shimla

Arki Sub-Division of District Solan

4.

Labour Officer, Solan,H.P.

District Sirmour,

District Una,

District Solan except Sub-Division. Arki

5.

Labour Officer, Rampur ,Distt. Shimla.,H.P.

District Kinnaur,

Sub-Division Spiti of District Lahaul & Spiti ,

Sub-Division Anni of District Kullu

Sub-Division Rampur of District Shimla.

Registers and Records and Returns 

Every principal employer is bound to maintain in respect of each registered establishment as register of contractors in Form No-XII.  

 

Every contractor is bound to maintain in respect of each registered establishment where he employs contract labour a register of workmen employed in Form No-XIII and is bound to issue an Employment Card in Form  No-XIV to each worker within three days of the employment of the worker. Further in respect of each work on which he engages contract labour every contractor is bound to maintain a Muster Roll, Register(s) of Wages, Deductions, Fines, Advances, Overtime and is bound to issue wage slips to the workmen atleast a day prior to the disbursement of wages.

Every contractor is bound to send half yearly return in Form No-XXIV  so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year. Every principal employer of a registered establishment is bound to send annually return in Form No-XXV so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates.

 

Fee Schedule  

          Fees for Registration of the Principal Employer Annexure-I  

Establishments in which the number of workmen employed

Fee

(a)

Is 20

Rs.20

(b)

Exceeds 20 but does not exceed 50

Rs.50

(c)

Exceeds 50 but does not exceed 100

Rs.100

(d)

Exceeds 100 but does not exceed 200

Rs.200       

(e)

Exceeds 200 but does not exceed 400

Rs.400

(f)

Exceeds 400

Rs.500

 

Fees for issue and renewal of Contractor’s License
                                                                                                                          Annexure-II  

Contractor whose  number of contract labour employed

Fee

(a)

Is 20

Rs.5.00

(b)

Exceeds 20 but does not exceed 50

Rs.12.50

(c)

Exceeds 50 but does not exceed 100

Rs.25.00

(d)

Exceeds 100 but does not exceed 200

Rs.50.00

(e)

Exceeds 200 but does not exceed 400

Rs.100.00

(f)

Exceeds 400

Rs.125.00

 

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