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Presented by: Jagadish Prasad Yadav(29)

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O JECTIVES THE ACT WAS ENACTED WITH AVIEW TO REGULATE THECONTRACT LABOUR AND TO PROVIDE FOR ITS ABOLITION

IN CERTAIN CERCUMSTANCES.

THE UNDERLYING POLICIES OF THE ACT IS TO ABOLISH

CONTRACT LABOUR WHEREVER POSSIBLE AND

PRACTICABLE

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BENEFITS OF CONTRACT LAWThe need of contract law is undisputed. It is necessary for thefollowing among other reasons.

The contract labour would ensure speedy completion of theassigned work.

Comparatively cheaper with less liability on supervisionand control.

There will not be much union activities.

There is no need of permanent retention of employee.

It is best system for certain activities like construction,repairs of machines, packing, loading & unloading, etc.

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APPLICABILITY & NOT APPLICABLEAPPLICABILITY:

To every establishment in which 20 or more workmen areemployed.

To every contractor who employs or employed on any oneday of the preceding 12 month 20 or more contract

workmen.

NOT APPLICABLE:

To establishment in which work only is of only anintermittent or casual nature is performed.

(Non-intermittent: more than 120 days, seasonal work morethan60 days)

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CONTRACTORS:

Who undertakes to provide a given result for theestablishment other than mere supply of goods orarticles to such establishment.

PRINCIPAL EMPLOYER: Government-local authority- head of department

Factory- the owner, manager

Mines- the owner, agent.

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APPLICABILITY OF OTHER ACT Persons cover under this act will be covered under:

Factory Act, 1948

Employees Provident Fund & MiscellaneousProvisions Act, 1952

Employees State Insurance Act, 1948 / WorkmenCompensation Act, 1923

Payment of Bonus Act, 1965

Minimum Wages Act, 1948

Payment of Wages Act, 1936

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VARIOUS SECTIONS UNDER THIS ACTSec 11 appointment of licensing officerSec 12 licensing of contractorSec 13 grant of license

Sec 14 revocation, suspension of licenseSec 15 appealSec 16 canteenSec 17 rest room

sec 18 other facilitiessec 19 first Aid facilitiesSec 20 liabilities of principal employer in certain casesec 21 responsibility for the payment of wages

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SEC 35 POWER TO MAKE RULESObligation of principal employer1. Principal employer to get his establishment registered under

the act and rules. ( prosecution under sec 23, 24& 25)

2. Contractors must be licenses.3. Principal employer must provide certain amenities. If employment of contract labour is likely to continue for more

than 6 month and employ contract labour of 100 or more-contractor should provide canteen within 60 days of

employment of contract labour. REST ROOM- within 15 days of commencement, if 3 month or

more. DRINKING WATER. FIRST AID FACILITIES 1 box for every 150 employees.

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CRECHES:

Where 50 or more women are employed as contract labourthere shall be provided 2 rooms of reasonable dimension.

Prohibition of female employment before 6am and after 7 pm

URINAL FACILITIES

Atleast one urinal for every 50 male & female employees.

WASHING FACILITIES:Adequate supply of water @ of 20 lts per employee.

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PAYMENT OF WAGES No wages period shall exceed one month

If employment is terminated, wages should be

disbursed before the expiry of second working day.All deductions shall be in accordance with the

provision payment of wages Act 1936.

It shall be paid in current coin or currency and to be

paid at work site. The contractor shall disburse the wages in the

presence of the principal employer.

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CASE LAWSAIR INDIA STATUTORY CORPORATION-1997 (1) LLN 75Contract labour engaged by air India for sweeping, cleaning.Dusting and washing of building are to be absorbed by airIndia.

STEEL AUTHORITY OF INDIAVs national union waterfront worker and other (5 judges bench- 2001LLR961-SC)

Notification by government prohibiting employment ofcontractor labour for sweeping , cleaning, dusting andwashing of building by establishments governed bycentral government.

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CASE LAWSATTE OF HARYANA Vs SURENDRA KUMARContract workman can not claim equal pay on par with

regular workman.

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