4:13 AM
Amresh
The main features of the Act can be summarised thus:-
The
Act applies to every establishment in which 20 or more workmen are
employed or were employed on any day on the preceding 12 months as
contract labour and to every contractor who employs or who employed on
any day of the preceding 12 months 20 or more workmen. It does not apply
to establishments where the work performed is of intermittent or casual
nature. The Act also applies to establishments of the Government and
local authorities as well.
The
Central Government and the State Governments are required to set up
Central Advisory Board and State Advisory Boards, which are authorised
to constitute Committees as deemed proper. The functions of the Boards
are advisory, on matters arising out of the administration of the Act as
are referred to them. The Boards carry out the functions assigned to
them under the Act.
The
establishments covered under the Act are required to be registered as
the Principal Employer. Likewise, every contractor to whom the Act
applies is required to obtain a licence and not to undertake or execute
any work through contract labour except under and in accordance with the
licence issued.
The
Act has provided for establishment of canteens. For the welfare and
health of contract labour, provision is made for restrooms, first aid,
wholesome drinking water, latrines and urinals. In case of failure on
the part of the contractor to provide such facilities, the Principal
Employer is made liable to provide the amenities.
The
contractor is required to pay wages and a duty is cast on him to ensure
disbursement of wages in the presence of the authorised representative
of the Principal Employer. In case of failure on the part of the
contractor to pay wages either in part or in full, the Principal
Employer is liable to pay the same. In case the contract labour perform
same or similar kind of work as regular workmen, they will be entitled
to the same wages and service conditions as regular workmen as per the
Contract Labour (Regulation and Abolition) Central Rules, 1971.
The
Act makes provision for the appointment of Inspecting staff, for
maintenance of registers and records, for penalties for the
contravention of the provisions of the Act and Rules made thereunder and
for making Rules for carrying out the purpose of the Act. In the
central sphere, officers of the CIRM have been appointed as Inspectors.
Apart
from the regulatory measures provided under the Act for the benefit of
the contract labour, the ‘appropriate government’ under section 10(1) of
the Act is authorised, after consultation with the Central Board or
State Board, as the case may be, to prohibit, by notification in the
official gazette, employment of contract labour in any establishment in
any process, operation or other work.
Sub-section
(2) of Section 10 lays down sufficient guidelines for deciding upon the
abolition of contract labour in any process, operation or other work in
any establishment and the ‘appropriate government’ while taking action
under this Section will have to take an overall picture of the industry
carrying on similar activities. The guidelines furnished under
sub-section (2) oblige the ‘appropriate government’ to consider, as
relevant data, the material to which it must have regard. The Central
Government on the recommendations of the Board has abolished contract
labour system in a number of jobs in different industries and so far 75
notifications have been issued.
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