can anyone help me to know about the meaning of contract labour in detail.. i need a clear definition of it plz help me ...... regards rohini
From India, Madras
From India, Madras
Short title, extent, commencement and application.-
(1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force' on such date- as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(4) It applies-
(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour ;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen :
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.
(5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed.
(b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the Central Board or, as the case may be, a State Board, and its decision shall be final.
Explanation.- For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature-
(i) if it was, performed for more than one hundred and twenty days in the preceding twelve months, or
(ii) if it is of a seasonal character and is performed for more than sixty days in a year.
Note.- The Act carne into force on l0th February, 1971, vide Noti No. G. S. R. 190, dated Ist February, 1971, and published in Gazette of India, Extra., Part II, Section 3(i),dated February 10, 1971, p.173.
Validity.- Object and purpose of the Act-Application of the Act to pending construction works does not amount to unreasonable restriction on the right under Act 19(1) (g).The whole statute is constitutional and valid. Gammon India Ltd. v. Union of India, 1974 SCC (L & S) 252.
S.1- Applicability- Where the dispute relates to service conditions of the workmen engaged in the factory canteen maintained by the company and there is no question of abolition of contract labour, the dispute can be referred to the industrial Tribunal for adjudication Indian Explosives Ltd. v. State of u. P., (1981) 1 LLJ 423 (All H.C.)
NOTES
Act does not violate Arts. 14 and 15. Gammon India Ltd. v. Union of India, (1974) 1 SCC 596,603: 1974 SCC (L & S) 252.
2. Definitions.-
(1) In this Act, unless the context otherwise requires,-
1a[(a) 'appropriate Government' means,-
(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government;
(ii) in relation to any other establishment, the Government of the State in which that other establishment is situate ;].
(b) a workman shall be deemed to be employed as "contract labour" in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer;
(c) "contractor", in relation to an establishment, means- a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor ;
NOTES
S.2 (1)(c)-Contractor engaged for construction of building is covered by S. 2(c).Gammon India Ltd. v. Union of India, (1974) 1 SCC 596: 1971 SCC (L & S) 252.
Ss. 2(1)(c) & 12-Where a person undertook to collect and manufacture quarry products for and on behalf of railways by engaging workmen to carry out his contract works under the railway establishment, the workmen employed by him form such work are to be deemed as "contract labour" as provided under S.2(1)(b). The supply of such quarry products would produce a given result for the establishment., thus he fulfils all requirements of a "contractor" under S. 2 (1)(c) and therefore, is obliged to take licence under S. 12(1). H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati).
(d) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient client in the public interest;
(e) "establishment" means-
(i) any office or department of the Government or a local authority, or -
(ii) any place where any industry, trade, business, manufacture or occupation is carried on ;
NOTES
S.2 (1)(c)-'Contractor' is one who supplies contract labour to an establishment undertaking to produce a given result for it. He hires labour in connection with the work of an establishment. State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC).
S. 2 (2) (C)-Sub-contractors or 'piece wagers', are ‘contractors‘. Labourers Working on Salal Hydro Project v. State of J & K, (1983)/2 SCG 181.
S.2 (1)(e)(ii)-A ship or vessel in which repair work is carried on is a place and an "establishment" within the meaning of S. 2 (1) (e) (ii). The work site or place may or may not belong to the principal employer, but that will not stand in the way of application of the Act or in holding that a particular place or work site where industry, trade, business, manufacture or occupation is carried on is not an establishment. Lionel Edwards Led. v. Labour Enforcement Officer, (1977) 51 FJR 199 (Cal).
S.2(1)(e)(ii)-Any object for the time being covering the surface and where industry, trade, business, manufacture or occupation is carried on would be a place under
S.2(1)(e)(ii). A ship anchored or berthed in a port would be a work site and the workmen employed for loading and unloading of the cargo, security, repairs to the ship would be all in connection with the business or trade. The Docks in which a ship may be berthed is controlled by the Port Authorities and the ship owners' agents would be unable to provide facilities for canteens, rest rooms etc. But these defects cannot be ground for totally excluding a ship in a port from the ambit of "establishment". Lionel Edwards Ltd. v, Labour Enforcement Officer, (1978) 53 FJR 116 (Cal DB).
(f) "prescribed" means prescribed by rules made under this Act;
(g) "principal employer" means-
(i) in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as "'the Government or the local authority, as the case may be, may specify in this behalf,
(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named.
NOTES
The word 'Occupier' has been defined in Section 2(n) of the Factories Act; 1948 as under:
"Occupier" of a factory means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory.
(iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,
(iv) in any other establishment, any person responsible for the supervision and control of the establishment.
Explanation.-For the purpose of sub-clause (iii) of this clause expressions mine", "owner" and "agent" shall have the meanings respectively assigned clause (j), clause (1) and clause (c)of sub-section (1) of Section 2 of the 'Mines Act, 1952 (35 of 1952) ;
(h) "wages" shall have the meaning assigned to it in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by' reason of the powers vested in him, functions mainly of a managerial nature; or
(C) who is an out worker, that is to say, a person to whom any articles and materials are given out by or on behalf of' the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the .trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer .
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, In relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
This is for your information.
Parveen Thakur
From India, New Delhi
(1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force' on such date- as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(4) It applies-
(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour ;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen :
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification.
(5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed.
(b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the Central Board or, as the case may be, a State Board, and its decision shall be final.
Explanation.- For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature-
(i) if it was, performed for more than one hundred and twenty days in the preceding twelve months, or
(ii) if it is of a seasonal character and is performed for more than sixty days in a year.
Note.- The Act carne into force on l0th February, 1971, vide Noti No. G. S. R. 190, dated Ist February, 1971, and published in Gazette of India, Extra., Part II, Section 3(i),dated February 10, 1971, p.173.
Validity.- Object and purpose of the Act-Application of the Act to pending construction works does not amount to unreasonable restriction on the right under Act 19(1) (g).The whole statute is constitutional and valid. Gammon India Ltd. v. Union of India, 1974 SCC (L & S) 252.
S.1- Applicability- Where the dispute relates to service conditions of the workmen engaged in the factory canteen maintained by the company and there is no question of abolition of contract labour, the dispute can be referred to the industrial Tribunal for adjudication Indian Explosives Ltd. v. State of u. P., (1981) 1 LLJ 423 (All H.C.)
NOTES
Act does not violate Arts. 14 and 15. Gammon India Ltd. v. Union of India, (1974) 1 SCC 596,603: 1974 SCC (L & S) 252.
2. Definitions.-
(1) In this Act, unless the context otherwise requires,-
1a[(a) 'appropriate Government' means,-
(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government;
(ii) in relation to any other establishment, the Government of the State in which that other establishment is situate ;].
(b) a workman shall be deemed to be employed as "contract labour" in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer;
(c) "contractor", in relation to an establishment, means- a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor ;
NOTES
S.2 (1)(c)-Contractor engaged for construction of building is covered by S. 2(c).Gammon India Ltd. v. Union of India, (1974) 1 SCC 596: 1971 SCC (L & S) 252.
Ss. 2(1)(c) & 12-Where a person undertook to collect and manufacture quarry products for and on behalf of railways by engaging workmen to carry out his contract works under the railway establishment, the workmen employed by him form such work are to be deemed as "contract labour" as provided under S.2(1)(b). The supply of such quarry products would produce a given result for the establishment., thus he fulfils all requirements of a "contractor" under S. 2 (1)(c) and therefore, is obliged to take licence under S. 12(1). H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati).
(d) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient client in the public interest;
(e) "establishment" means-
(i) any office or department of the Government or a local authority, or -
(ii) any place where any industry, trade, business, manufacture or occupation is carried on ;
NOTES
S.2 (1)(c)-'Contractor' is one who supplies contract labour to an establishment undertaking to produce a given result for it. He hires labour in connection with the work of an establishment. State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC).
S. 2 (2) (C)-Sub-contractors or 'piece wagers', are ‘contractors‘. Labourers Working on Salal Hydro Project v. State of J & K, (1983)/2 SCG 181.
S.2 (1)(e)(ii)-A ship or vessel in which repair work is carried on is a place and an "establishment" within the meaning of S. 2 (1) (e) (ii). The work site or place may or may not belong to the principal employer, but that will not stand in the way of application of the Act or in holding that a particular place or work site where industry, trade, business, manufacture or occupation is carried on is not an establishment. Lionel Edwards Led. v. Labour Enforcement Officer, (1977) 51 FJR 199 (Cal).
S.2(1)(e)(ii)-Any object for the time being covering the surface and where industry, trade, business, manufacture or occupation is carried on would be a place under
S.2(1)(e)(ii). A ship anchored or berthed in a port would be a work site and the workmen employed for loading and unloading of the cargo, security, repairs to the ship would be all in connection with the business or trade. The Docks in which a ship may be berthed is controlled by the Port Authorities and the ship owners' agents would be unable to provide facilities for canteens, rest rooms etc. But these defects cannot be ground for totally excluding a ship in a port from the ambit of "establishment". Lionel Edwards Ltd. v, Labour Enforcement Officer, (1978) 53 FJR 116 (Cal DB).
(f) "prescribed" means prescribed by rules made under this Act;
(g) "principal employer" means-
(i) in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as "'the Government or the local authority, as the case may be, may specify in this behalf,
(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named.
NOTES
The word 'Occupier' has been defined in Section 2(n) of the Factories Act; 1948 as under:
"Occupier" of a factory means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory.
(iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,
(iv) in any other establishment, any person responsible for the supervision and control of the establishment.
Explanation.-For the purpose of sub-clause (iii) of this clause expressions mine", "owner" and "agent" shall have the meanings respectively assigned clause (j), clause (1) and clause (c)of sub-section (1) of Section 2 of the 'Mines Act, 1952 (35 of 1952) ;
(h) "wages" shall have the meaning assigned to it in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-
(A) who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by' reason of the powers vested in him, functions mainly of a managerial nature; or
(C) who is an out worker, that is to say, a person to whom any articles and materials are given out by or on behalf of' the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the .trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer .
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, In relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
This is for your information.
Parveen Thakur
From India, New Delhi
CONTRACT LABOUR (REG. AND ABOLITION CENTRAL RULES, 1971 :: OFFICE OF THE LABOUR COMMISSIONER, GOVERNMENT OF NCT OF DELHI
for your information.
Parveen Thakur
From India, New Delhi
for your information.
Parveen Thakur
From India, New Delhi
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