Monday, April 6, 2020

CONTRACT LABOUR ACT, 1970

CONTRACT LABOUR ACT, 1970 AND MAHARASHTRA CONTRACT LABOUR RULES,1971.

For Contract Labour License-: 

Security Deposit : For industry within the sphere of Maharashtra state Rs-500/- per employees For industrial within the sphere of Central Govt. Rs-90/- Per Employees.



Registration And Licensing-:

The Act applies to the Principal Employer of an Establishment and the Contractor where in at least 20 laborers are utilized or were utilized in any event, for one day during going before a year as Contract Labor.


To ascertain the number, provisional work utilized for various purposes through various contractual worker must be mulled over. This Act doesn't matter to the Establishments where work performed is of irregular or occasional nature.


In the event that a Principal Employer or the Contractor falls inside the region of this Act at that point, such Principal Employer and the Contractor need to apply for Registration of the Establishment and License individually.


The contractual worker The Act additionally accommodates Temporary Registration in the event that the Contract Labor is employed for a period not over 15 days.


Any change happening in the points of interest indicated in the Registration or Licensing Certificate should be educated to the concerned Registering Officer inside 30 days of such change.


From joined perusing of Section 7 and Rules 17 and 18 of the Contract Labor (Regulation and Abolition) Central Rules, 1971, apparently the Principal Employer needs to apply for enrollment in regard of every foundation.


Other significant point to note is that a License gave for One Contract can't be utilized for completely extraordinary Contract work despite the fact that there is no adjustment in the Establishment.

 

Responsibility-: 

a) Pays the wages as might be fixed by the Commissioner of Labor.

b) In their nonappearance pays reasonable wages to provisional worker.
c) Provides the accompanying offices:

I. Bottle (if utilizing at least 100 laborers in a single spot) and if the work is probably going to keep going for a half year or more.

ii. Rest rooms where the laborers are required to stop around evening time and the work is probably going to keep going for 3 months or more.

iii. Imperative number of toilets and urinals - separate for people.

iv. Drinking water.

v. Washing.

vi. Medical aid.

vii. Creche
d)  Maintains different registers and records, shows sees, edited compositions of the Acts, Rules and so on.
e) Issues business card to his laborers, and so forth.



Checklist For Principle Employer-:

1. Enrollment of the Establishment.

2. Show of the accompanying notification pace of wages, long stretches of work, wage

period, date of installment of wages, date of installment of unpaid wages and name and address of the reviewer having locale.

3. Support and Preservation of Register of Contractor.

4. Recording of Return of Commencement and Completion of the Contract.

5. Recording of Annual Return.

6. Regulating the duties of Contractor to abstain from charging of the liabilities.

7. Guarantee arrangement that offices of Canteen, Drinking Water, Washing, Rest Room, Latrines and Urinals, First Aid, Crche are given by the Contractor.


 Checklist For Contractor-:

1. Permitting.

2. Recharging of the License.

3. Upkeep and Preservation of Register of Persons utilized, Muster Roll, Register of wages, Register of Fines, Register of Deductions for harms or misfortune, Register of advances, Register of additional time.

4. Show of Notice pace of wages, long periods of work, wage period, date of installment of wages, date of installment of unpaid wages and name and address of the reviewer having ward.

5. Give offices of Canteen, Drinking Water, Washing, Rest Room, Latrines and Urinals, First Aid, Creche.

6. Work card.

7. Administration Certificates.

8. Half yearly return.



Last Date of Renewal Of License-:

60 Days before the date on which license Expire.

For Duplication License Or Registration-:  

Maharashtra State  Rs-50/- & Central Rs-5/- 

Registration fees and renewal fees by the principle employer for contract Labour Registration Certificate Revised From 01.06.2015.

Registration Fees-: 5000/-                            Renewal Fees-: 5000/- 

Fine- Delay OF renewal

Maharashtra State-50% of License Fees                       Central Govt.- 25% of License Fees 

Security deposits Rs-500/- per workers to be paid by contractor amount of fees and security deposit should be paid by E-Payment.

1) Any application for registration or license May be submitted online on Shram Suvidha Portal of the ministry of the Labour And Employment.
2) Any fees and security deposit shall be made by E-Payment.
3) Any acknowledgment or information relating to matter specified in clause above shall be granted electronically on the Shram Suvidha Portal of the Ministry Of Labour and Employment.
4) The certificate of registration or license may be granted anline on the Shram Suvidha Portal of the ministry of the Labour And Employment.



Form No State
Form No Central
Ref to statute
Ref to statute
Description
Maharashtra
Central
Maharashtra
Central

X
Xii #
Rule 57
Rule 76
Identity card to be issued to each workman by the contractor on the first day of the employment of the worker.
X
A*
Rule 57
Rule 75
Register of person employed
X
Vii #
Rule 57
Rule 77
Service certificate to the issued to the workmen whose service has been terminated by the contractor.
X
D*
Rule 57
Rule 78 (1)
Muster Roll
X
B*
Rule 57
Rule 78 (1)
Register of wages.


Rule 59 (2) (a)

Combined muster cum roll wages register to be maintained by the contractor as rule 27(1).
X
XIX
Rule 59 (2) (b)
Rule 78 (b)
Attendance card cum wages slip to be issued by the contractor as per rule 27 (2)
XVI
C*

Rule 78 (1) (a)
Register Of deduction For Damage or Loss.
XVII
C*

Rule 78 (1)
Register of Fines
XVIII
C*

Rule 78 (1)
Register of Advances
XVIII
B*

Rule 78 (1)
Register Of Overtime
XVIII
XXIV

Rule 82(1)
Half Yearly



Penal Provision-:

It additionally gives the idea that if the Establishment isn't enlisted or on the off chance that the Contractor isn't authorized, at that point the provisional work will be considered to be the direct laborers and the Principal Employer or the Establishment will be subject for the wages, administrations and offices of the provisional work and so forth.

For contradiction of the arrangements of the Act or any standards made thereunder, the discipline is detainment for a greatest term upto 3 months and a fine up to a limit of Rs.1000/ -

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