Dear Sir,
We are construction contractor and got order from Educational Institute (Trust) Maharashtra for building collage building.
My Query is
Is it required for principal employee have to registration under CLRA ?
Being contractor how we will get the Labour License as we will deploy more that 50 employee.?
Is their any exemption for trust/educational institution under CLRAfor the licensing part.
Plz suggest
Pradeep
From India , Mumbai
We are construction contractor and got order from Educational Institute (Trust) Maharashtra for building collage building.
My Query is
Is it required for principal employee have to registration under CLRA ?
Being contractor how we will get the Labour License as we will deploy more that 50 employee.?
Is their any exemption for trust/educational institution under CLRAfor the licensing part.
Plz suggest
Pradeep
From India , Mumbai
Dear friend,
Education is an industry. As such it is not exempted from any Labor Laws. Therefore, the CLRA Act,1970 is applicable to such an educational institution irrespective of its being a Trust if any activity relating to its business involves the engagement of the minimum no. of contract labor prescribed under the Act. Hence the Trust has to register itself as Principal Employer and the Contractor has to take up contractor's licence under the Act. In addition, the Building and Other Construction Worker's ( Regulation of Employment and Conditions of Service ) Act,1996 would also be applicable to the construction work.
From India, Salem
6018Education is an industry. As such it is not exempted from any Labor Laws. Therefore, the CLRA Act,1970 is applicable to such an educational institution irrespective of its being a Trust if any activity relating to its business involves the engagement of the minimum no. of contract labor prescribed under the Act. Hence the Trust has to register itself as Principal Employer and the Contractor has to take up contractor's licence under the Act. In addition, the Building and Other Construction Worker's ( Regulation of Employment and Conditions of Service ) Act,1996 would also be applicable to the construction work.
From India, Salem
Thank you sir,
If principal employer is not issued Form V, Can contractor apply for labour license without form V, as it is completely online process in maharashtra.
Plz suggest
Thanks & Regards
Pradeep B N
From India , Mumbai
If principal employer is not issued Form V, Can contractor apply for labour license without form V, as it is completely online process in maharashtra.
Plz suggest
Thanks & Regards
Pradeep B N
From India , Mumbai
Dear Mr. Pradip,
Maharashtra Contract Labour Rules are not applicable to Educational Institute/Trust, but while construction of the building of the same it is applicable as well as Maharashtra Building & Other Construction Workers Rules applicable.
Regards,
Dilip Nandanwar
For Vidarbha Industries
Labour Law Consulting, Auditing & Third Party Payroll Outsourcing
Navi Mumbai & Nagpur.
From India, Mumbai
Maharashtra Contract Labour Rules are not applicable to Educational Institute/Trust, but while construction of the building of the same it is applicable as well as Maharashtra Building & Other Construction Workers Rules applicable.
Regards,
Dilip Nandanwar
For Vidarbha Industries
Labour Law Consulting, Auditing & Third Party Payroll Outsourcing
Navi Mumbai & Nagpur.
From India, Mumbai
License undur contract labour act is mandatory. For a construction company it is also mandtory to be registered under BOCW.
From India, Vadodara
From India, Vadodara
Dear Dilip Nandanwar ji,
According to you Maharashtra Contract Labour Rules are not applicable to Educational Institute/Trust.
Can you support your statement with the help of specific rule or notification etc.? I will be highly obliged.
From India, Mumbai
According to you Maharashtra Contract Labour Rules are not applicable to Educational Institute/Trust.
Can you support your statement with the help of specific rule or notification etc.? I will be highly obliged.
From India, Mumbai
Dear Pradeep ji,
Though our learned member Shri. Umakanthan gave you right answer, I would like to give you answers question-wise as under:
1. Is it required for principal employee have to registration under CLRA ?
Yes. The PE is require to obtain RC under CLRA and then issue you Form V. Without Form V, you can not proceed with your application for licence.
2. Being contractor how we will get the Labour License as we will deploy more that 50 employee.?
You have to apply online. For that you need to register your self first on Maitree - Mahaonline. The procedure of registering yourself and then applying for licence on portal- Labour Management System is a time consuming and tedious job. My office can get this job done for you with appropriate charges. If you are willing to do it so, you can contact my office on 022 49741622.
3. Is their any exemption for trust/educational institution under CLRAfor the licensing part?
I am sure, there is no such exemption to trust/educational institution.
Apart from licence under CLRA, you need to obtain RC under BOCW Act. You need to register your construction workers under BOCW as Beneficiaries subject to certain conditions. Cess under BOCW is payable at 1% of construction cost by PE but PE can ultimately recover it from you, irrespective of express term in the contract or not. Under BOCW, you need to comply so many provisions. You need to comply so many applicable Labour Laws and therefore, you need a person like me to guide you from time to time.
From India, Mumbai
Though our learned member Shri. Umakanthan gave you right answer, I would like to give you answers question-wise as under:
1. Is it required for principal employee have to registration under CLRA ?
Yes. The PE is require to obtain RC under CLRA and then issue you Form V. Without Form V, you can not proceed with your application for licence.
2. Being contractor how we will get the Labour License as we will deploy more that 50 employee.?
You have to apply online. For that you need to register your self first on Maitree - Mahaonline. The procedure of registering yourself and then applying for licence on portal- Labour Management System is a time consuming and tedious job. My office can get this job done for you with appropriate charges. If you are willing to do it so, you can contact my office on 022 49741622.
3. Is their any exemption for trust/educational institution under CLRAfor the licensing part?
I am sure, there is no such exemption to trust/educational institution.
Apart from licence under CLRA, you need to obtain RC under BOCW Act. You need to register your construction workers under BOCW as Beneficiaries subject to certain conditions. Cess under BOCW is payable at 1% of construction cost by PE but PE can ultimately recover it from you, irrespective of express term in the contract or not. Under BOCW, you need to comply so many provisions. You need to comply so many applicable Labour Laws and therefore, you need a person like me to guide you from time to time.
From India, Mumbai
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Applicability of Labour laws-Various issues Statement.docx
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