Updated As On: 30th Dec, Updated As On: 22nd Dec, Updated As On: 20th Dec, Updated As On: 16th Dec, Updated As On: 14th Dec, Updated As On: 9th Dec, Already A User! Sign In. Your password did not meet complexity requirements. Gupta v. Appointment of licensing officers. 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 licensing officers for the purposes of this Chapter ; and b define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act.
Licensing of contractors. Execution of a work in a government project by piece wagers through workers employed by them either directly or through khatedars must be in accordance with the licence obtained under S. Failure to obtain licence will amount to criminal offence punishable under Ss. Assuming the partners and employees of the firm or any of them were principal employers, they could not be both contractors and principal employers in relation to the same establishment.
Moreover, each of the sirdars was a contractor within the meaning of the act in relation to the firm i. The concerned workmen having been supplied through the medium of sirdars, neither the firm nor the partners nor the employees could be deemed to be a contractor in relation to the said workmen. Their liability to take out a licence cannot, therefore, arise. Feroze Sons v. Basu , 54, FJR Cal. It was an act which continued.
Undertaking or executing any work through contract labour without a licence, therefore, constituted a fresh offence everyday on which it continued.
Padam Prasad Jain v. State of Bihar , Lab IC Grant of licences. Revocation, suspension and amendment of licences. Provisions of this section does not violate Arts. Union of India, 1 SCC Gammon India Lid. Other facilities. It shall be the duty of every contractor employing contract labour in connection with the work of an establishment to which this Act applies, to provide and maintain- a a sufficient supply of wholesome drinking water for the contract labour at convenient places; b a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labour in the establishment; and c washing facilities.
Union of India , 1 SCC First-aid facilities. 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.
Liability of principal employer in certain cases. Government will be responsible for enforcement of those amenities where contractors engaged by it for executing its construction project fail to provide the amenities to its workers. Government's failure to perform its obligation amounts to violation of Art. Peoples Union for Democratic Rights v.
Responsibility for payment of wages. Payment through khatedars after deducting any advance repayable by the workers to the khatedars or any messing charges etc. Due amounts could be recovered from the workers after paying full wages. State of J. Contravention of provisions regarding employment contract labour. The complainant has to allege as to who are those persons who have contravened the prohibition of or restriction on the employment of contract labour.
If any person contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Offences by companies. Cognizance or offences. No court shall take cognizance of any offence under this Act except on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try any offence punishable under this Act.
Limitation or prosecution. 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 ; 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 to 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.
Labourers Working Salal Hydro Project v. Registers and other records to be maintained. Effect of laws and agreements inconsistent with this Act. Power to exempt in special cases. The appropriate Government may, in the case of an emergency, direct, by notification in the Official Gazette, that subject to such conditions and restrictions if any, and for such period. Protection of action taken under this Act. Power to give directions.
The Central Government may give directions to the Government of any State as to the carrying into execution in the State of the provisions contained in this Act. Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.
Gammon of India Ltd. Power to make rules. Short tide and commencement. If any member of the Board, not being an ex officio member , fails to attend three consecutive meetings of the Board, without obtaining the leave of the Chairman for such absence, he shall cease to be a member of the Board : Provided that the Central Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings of the Board. The Central Government may remove from office any member of the Board, if in its opinion such a member has ceased to represent the interest which he purports to represent on the Board: Provided that no such member shall be removed unless a reasonable opportunity is given to him of making any representation against the proposed action.
When a vacancy occurs or is likely to occur in the, membership of the Board the Chairman shall submit a report to the Central Government and on receipt of such report the Central Government shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.
The Secretary- i shall assist the Chairman in convening meetings of the Board ; ii may attend the meetings but shall not be entitled to vote at such meetings ; iii shall keep a record of the minutes of such meetings; and iv shall take necessary measure to carry out the decisions taken at meetings of the Board.
Every question which the Board is required to take into consideration shall be considered at a meeting, or, if the Chairman so directs, by sending the necessary papers to every member for opinion, and the question shall be disposed of in accordance with the decision of the majority: Provided that in the case of equality of votes, the Chairman shall have a second or a casting vote. Thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.
His establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder insofar as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.
Matters to be taken into account in granting or refusing a licence. Gammon India ltd. Gammon India Led. Union of India. Provided that this clause shall not apply to the employment of women in pithead baths, crches and canteens and as to midwives and nurses in hospitals and dispensaries.
Every licence granted under Rule 25 or renewed under Rule 29 shall remain in force for twelve months from the date it is granted or renewed. Issue of duplicate certificate of registration or licence. Where a certificate of registration or a licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of fees of rupees five. If on the date fixed for hearing, the appellant does not appear, he Appellate Officer may dismiss the appeal for default of appearance of the appellant.
Unless otherwise provided in these rules all fees to be paid under these rules shall be paid in the local treasury under the head of account "XXXII-Miscellaneous-Social and Developmental Organisations-Labour and Employment-Fees under Contract Labour Regulation and Abolition Central Rules, Central ", and receipt obtained which shall be submitted with the application or the memorandum of appeal as the case may be.
Date of expiry of previous licence. Amount of previous security deposit. Name and address of the principal employer. Particulars of fresh contract. Name and address of Contractor ……………………. Nature and location of work …………………………. Name and surname of workmen. Age and Sex. Local address. Date of Commencement of employment. Signature or thumb-impression of workmen. Date of termination of employment. Reasons for termination. Name and address of Contractor …………………. Name of workmen.
Wages rate with particular of unit, in case. Tenure of employment. Nature and location of work. Name and address of the wor-. Name and address of Principal Employer. Age or Date of Birth. Identification Marks. Total period for which employed. Nature of work done. Rate of wages with particulars of unit in case of piece work. Name and address of Principal Employer…. Name of workman. Name and Address of Contractor.
Nature and location of works. Name and address of Principal. Employer …………………………………………… …………………………………………………………. Wage period: Monthly ……………………………… Serial No. Units of works done. Amount of wages earned. Basic wages. Dearness Allowances. Other cash payments Nature of payment to be indicated. Deductions, if any, indicate nature. Net amount paid. Initial of contractor or his representative. Name and address of Contractor. From …………………… to ………………………… Name of employee. Basic Wages. Dearness allowance.
Other cash payment nature of payments to be indicated. Deduction, if any, indicate nature. Initials of contractor or his representative. Amount of overtime wages. Gross wages payable. Deductions, if any. Net amount of wages paid. Particulars of damage or loss. Date of Damage or loss.
Whether workman showed cause against deduction. Name of person in whose presence employee's explanation was heard. Amount of deduction imposed. Company asking to produce failed mark sheet along with passed ones - why? Maternity Benefit Act Minimum Service period for Maternity Benefit as per revised act in India - if it is 80 days or days of continuous service? Few doubts - statutory compliance - bonus as a part of the salary. Please guide me if it is the right practice? Maternity Act - If a woman delivers twins in the first delivery will she be eligible for maternity benefit for her second delivery?
Labour Act Implementation - Have the four labour codes been notified by the central Gov. One unit is already having a factory licence. Do we still need a factory licence for the second unit in another district? Centre may notify labour codes in 4 months.
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