THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
Title : THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
Year : 1970
The appropriate government may, by an order notified in the Official Gazette-
(a) Appoint such persons, being Gazetted Officers of government, as it thinks fit to be registering officers for the purpose of this chapter; and
(b) Define the limits, with in which a registering officer shall exercise the powers conferred on him by or under this Act.
(1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate government may, by notification in the Official Gazette, fix in this behalf with respect to establishment generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment:
Provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time.
(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.
If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, 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 and, therefore requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate government, revoke the registration.
No principal employer of an establishment, to which this Act applies, shall-
(a) In the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section;
(b) In the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period referred to in clause (a) or after the revocation of registration referred to in clause (b), as the case may be.
(1) Notwithstanding anything contained in this Act, 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) Before issuing any notification under sub-section (1) in relation to an establishment, 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;
(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 carried on in that establishment;
(c) Whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto;
(d) Whether it is sufficient to employ considerable number of whole-time workmen.
Explanation.-If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate government thereon shall be final.
1*[Andhra Pradesh.-For section 10, substitute the following section, namely:-
10. Prohibition of employment of contract labour.-
(1) Notwithstanding anything contained in this Act, employment of contract labour in core activities of any establishment if prohibited: Provided that the principal employer may engage contract labour or a contractor to any core activity, if-
(a) The normal functioning of the establishments is such that the activity is ordinarily done through contractors; or
(b) The activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
(c) Any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time.
(2) Designated authority.-(a) The 'appropriate Government' may by notification in the Official Gazette appoint a designated authority to advise them on the question whether any activity of a given establishment is a core activity or otherwise;
(b) If a question arises as to whether any activity of an establishment is a core activity or otherwise the aggrieved party may make an application in such a form and manner as may be prescribed, to the appropriate Government for decision;
(c) The appropriate Government may refer any question by itself or such application made to them by any aggrieved party as prescribed in clause (b), as the case may be, to the designated authority, which on the basis of relevant material in its possession, or after making such an enquiry as deemed fit shall forward the report to the appropriate Government, within a prescribed period and thereafter the appropriate Government shall decide the question within the prescribed period.]
2*[Maharashtra.-In section 10, in sub-section (1), after the words "Notwithstanding anything contained in this Act", insert the words "but, subject to the provisions of clause (c) of sub-section (5) of section 1.]
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