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The CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970

Jharkhand · state statute
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THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 
 
ACT NO. 37 OF 19701 
   
[5th September, 1970.] 
   
An Act to regulate the employment of contract  labour in certain establishments and   to 
provide   for its   abolition in   certain circumstances and for matters connected therewith. 
  
Be it enacted by Parliament in the Twenty-first Year of the Republic of India as follows: - 
  
CHAPTER I 
 
PRELIMINARY 
 
1. 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 1* 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 are employed or 
were employed on any day of the preceding twelve months as contract labour; 
  
(b) to every contractor who employees  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  in tention  so  to  do,  by notification in the Official 
Gazette, apply the provisions of this Act to any  establishmen t or  contractor 
employing  such number of workmen less th an 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 
  
  
                                                
 
1 Received assent of the President on 5.9.1970; Published in Gazette of India on 7.9.1970 
  
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 seasona l character and is performed fo r more than sixty days in a 
year. 
  
2. Definitions.- (1) In  this Act,  unless the  context otherwise requires,-- 
  
      
2[(a) "appropriate Government" means,-- 
  
(i) in  relation to  an establishment  in  respect  of which the appropriate 
Government under the  Industrial  Disput es Act, 1947 (14 of 1947),  is  the  
Central  Government, the Central Government; 
  
(ii) in relation to any other establishment, the Government of the State in which  
that  other  establishment  is situated;] 
  
(b) a  workman shall  be deemed  to be em ployed 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  th rough a contractor, with or without the 
knowledge of the principal employer; 
  
(c) "contractor", in relation to an esta blishment, means a person who undertakes 
to produce a given result for the establishm ent, other than a  mere supply  of 
goods  of articles of  manufacture to such  establishment, th rough contract labour 
or who supplies contract labour for any work   of   the  establishment   and  
includes   a sub-contractor; 
  
(d) "controlled  industry" means any i ndustry the control of  which by the Union 
has been declared by any Central Act to be expedient 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  indust ry, trade, business, manufacture or 
occupation is carried on;  
                                                
 
2  Subs. by Act 14 of 1986, s. 2 (w.e.f. 28.1.1986). 
 
  
           (f) "prescribed"  means prescribed  by rules made under this Act; 
  
           (g) "principal employer" means-- 
  
(i) in relation to any office or departme nt 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 o ccupier 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, 
  
(iii) in  a mine,  the owner  or agen t of the mine and where a person has 
been named as the manager of the mine, the person so named, 
  
(iv)  in   any  other  establishmen t,  any  person responsible for  the 
supervision  and  control  of  the establishment. 
  
Explanation.--For the purpose of sub-clause (iii) of this clause, the 
expressions  "mine", "owner"  and "agent"  shall have the meanings 
respectively assigned to them in clause (j), clause (l) 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, semiskilled or un-skilled manual,   
supervisory, 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 empl oyed mainly in a managerial or administrative capacity; or 
  
(B) who,  being employed  in a supervisory capacity draws wages 
exceeding five hundred rupees per mens em 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  or 
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 contro l and management of the principal 
employer. 
  
(2) Any  reference in  this Act to a law, whic h is not in force in the State  of Jammu  and 
Kashmir,  shall, in relation to that State, be construed as a refere nce to the corresponding 
law, if any, in force in that State. 
  
 
CHAPTER II 
 
THE ADVISORY BOARDS 
  
3. Central  Advisory Board.- (1) The Central Government sh all, as soon as  may be,  
constitute a board to be called the Central A dvisory Contract Labour  Board (hereinafter  
referred to as the Central Board) to advise  the Central  Government on  such matters 
arising out of the administration of  this Act  as may be re ferred to it a nd to carry out 
other functions assigned to it under this Act. 
  
(2) The Central Board shall consist of-- 
  
           (a) a Chairman to be appointed by the Central Government; 
  
           (b) the Chief Labour Commissioner (Central), ex-officio; 
  
(c) such  number of members, not exceeding seventeen but not less  than   eleven,  
as  the  Central Government  may nominate to  represen t that  Government, the  
Railways, the   coal   industry,   the   mining   industry,   the contractors, the 
workmen and any other interests which, th e  opinion of  the Central Government, 
ought to be represented on the Central Board. 
  
(3) The number of persons to be appointed  as members from each of the categories  
specified in  sub-section (2),  the term of of fice and other conditions  of service  of, the  
procedure to be followed in the discharge of  their functions  by, and the manner of filling 
vacancies among, the  members of  the Central  Board shall  be such  as  may  be 
prescribed: 
  
Provided that  the number  of members  nominated to represent the workmen shall  
not be  less than  the nu mber  of members  nominate d to represent the principal 
employers and the contractors. 
  
4. State Advisory Board.- (1) The State Government may constitute a board  to  be  called  
the  State  Advisory  Contract  Labour  Boar d (hereinafter referred  to as  the State  
Board) to  advice the State Government on su ch matters arising out of the administration 
of this Act as may be referre d to it and to carry out othe r functions assigned to it under 
this Act. 
 
(2) The State Board shall consist of-- 
  
           (a)  a Chairman to be appointed by the State Government; 
  
(b) the  Labour Commissioner,  ex-offici o, or in his absence any other  officer 
nominated by the State Government in that behalf; 
  
(c) such  number of  members, not  exceeding eleven  but not less than nine, as the 
State Government may nominate to represent   that    Government,   the   industry,   
the contractors, the workmen and any other interests which, in the  opinion of  the 
State  Government, ought  to be represented on the State Board. 
  
(3) The number of persons to be appointed  as members from each of the categories  
specified in  sub-section (2),  the term of of fice and other conditions  of service  of, the  
procedure to be followed in the discharge of  their functions  by, and the manner of filling 
vacancies among, the  members of  the State  Board  shall  be  such  as  may  be 
prescribed: 
  
Provided that  the number  of members  nominated to represent the workmen shall  
not be  less than  the nu mber  of members  nominate d to represent the principal 
employers and the contractors. 
  
5. Power to constitute  committees.- (1) The Central Board or the State Board,  as the  
case may  be, may constitute such committees and for such purpose or purposes as it may 
think fit. 
  
(2) The  committee constituted under sub-section (1) shall meet at such times  and places  
and shall observe such  rules of procedure in re gard to the transaction  of business  at its  
meetings as may be prescribed. 
  
(3) The  members of  a committee  shall be  paid  such  fees  and allowances for attending 
its meetings as may be prescribed: 
  
Provided that no fees shall, be  payable to  a member  who is an officer of Government or 
of any corporation established by any law for the time being in force. 
  
 
CHAPTER III 
 
REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR 
  
6.  Appointment of registering officers.-  The appropriate Government may, by an order 
notified in the Official Gazette-- 
  
(a)  appoint   such  persons,  being  G azetted Officers  of Government, as it thinks 
fit to be registering officers for the purposes of this Chapter; and 
  
(b) define the limits, within which a regi stering officer shall exercise the powers 
conferred on him by or under this Act. 
  
7. Registration  of certain  establishments.- (1) Every principal employer of  an 
establishment  to which this Act applies shal l, within such period  as the appropriate 
Government may, by notification in the Official G azette,  fix in  this behalf  with respect 
to establishments generally or with respect to any class of them, make an application to 
 the registering  officer in  the prescribed manner for registration of the establishment: 
  
Provided that the registering officer ma y entertain any such application for  
registration after expiry of the period fixed in this behalf, if   the registering officer is 
satisfied that the applicant was prevented by sufficient cause from making the application 
in time. 
  
(2) If the application for registration is comp lete in all respects, the registering officer 
shall register the establishment and issue to  the principal employer of the establishment a 
certificate of registration containing such particulars as may be prescribed. 
 
8 .   R e v o c a t i o n    o f   r e g i s t r a t i o n    i n   c e r t a i n   c a s e s . -   If  the registering officer is 
satisfied, either on a reference made to him in  this behalf  or otherwise,  that the 
registration of any establishment has been  obtained by misrepresentation or suppression 
of any material fact, or that for any other reason the registration has become useless or 
ineffective and, therefore, requires to be revoked, the registering officer may,  after 
giving an opportunity to the principal employer of the establishment  to be  heard and  
with the previous approval of the appropriate Government, revoke the registration. 
  
9. Effect  of  non-registration.- No  principal employer  of  an establishment, to which 
this Act applies, shall-- 
  
(a)  in   the  case  of  an  establishment  required  to  be registered under  section 7,  
but which has not been registered within  the time fixed for the purpose under that 
section, 
  
(b) in  the case  of an  establishment the  registration  in respect of which has been 
revoked under section 8, employ contract  labour in  the estab lishment  after the 
expiry of the period  referred   to  in  clau se  (a)  or  after  the  revocation  of  
registration referred to in clause (b), as the case may be.  
  
10.  Prohibition   of  employment   of   contract   labour.-  (1) Notwithstanding  anything  
contained  in  this  Act,  the  appropriat e Government may,  after consultation  with the 
Central Board or, as the case may  be, a St ate Board, prohibit, by notification in the 
Official Gazette, employment  of contract  labour in  any process, operation or other work 
in any establishment. 
 
(2) Before  issuing any  notification under   sub-section (1) in  relation to  an 
establishment, the appropriate Government shall have regard to  the conditions  of  work  
and  benefits  provided  for  the contract labour in that establishm ent and other relevant 
factors, such as-- 
  
(a)  whether   the  process,  operation  or   other  work  is incidental to,  or 
necessary  for the  industr y, trade, business, manufactur e  or occupation that is 
carried on in the establishment: 
  
(b) whether it is of perennial nature, that is to say, it is of sufficient  duration 
having  regard to the nature of industr y, trade,  business, manufacture  or  
occupation carried on in that establishment; 
  
(c) whether it is done ordinarily through regular workmen in that establishment or 
an establishment similar thereto;  
  
(d) whether  it is  sufficient to em ploy considerable nu mber of whole-time 
workmen. 
  
Explanation.-- If  a   question  arises  whether  any  process  or operation or  other 
work  is of  perennial nature, the deci sion of the appropriate  Government thereon 
shall be final. 
  
 
CHAPTER IV 
 
LICENSING OF CONTRACTORS 
  
11. Appointment of licensing officers.--  The appropriate Govern ment may, by an order 
notified in the Official Gazette,-- 
  
           (a)  appoint   such  persons,  being  Gazetted  Officers  of Government, as  it thinks  
fit to be licensing officers for the purposes of this Chapter; and 
 
(b) define  the limits, within which  a  li censing  officer shall  exercise   the  
powers  conferred  on  licensing officers by or under this Act. 
 
12. Licensing  of contractors.- (1) With effect from such date as the appropriate  
Government  may,  by  notificati on  in  the  Official Gazette, appoint,  no contractor  to  
whom  this  Act  applies,  shall undertake or execute any work thr ough contract labour 
except under and in accordance  with a  licence issued  in that behalf by the licensing 
 officer. 
  
(2) Subject  to the  provisions of this Ac t, a licence under sub-section (1)  may contain  
such conditions  including,  in  particular, conditions as  to hours of work, fixation of 
wages and other essential amenities in  resp ect of contract labour as the appropriate 
Government may deem  fit to  impose in  accordance with  the rules,  if any, made 
 under section  35 and  shall be   issued on payment of such fees and on the deposit  of 
such  sum, if any, as security for the due  performance of the conditions as may be 
prescribed. 
 
13. Grant  of licences.- (1) Every application for the grant of a licence under  sub-section 
(1)  of section  12 shall  be made  in  the prescribed form  and  shall  contain  the  
particulars  regarding  the lo cation of  the establishment,  the nature  of process,  
operation or work for  which contract  labour is  to be  employed  and  such  other 
particulars as may be prescribed. 
  
(2) The  licensing officer may make such inve stigation in respect of the  application 
received  under sub-section  (1) and in ma king any such investigation  the licensing  
officer shall follow such procedure as may be prescribed. 
  
(3) A  licence granted  under this Chapter sha ll be valid for the period specified therein 
and may be renewed from time to time for such period and  on payment  of such  fees and 
on such conditions as may be prescribed. 
  
14. Revocation, suspension an d amendment of licences.- (1) If the licensing officer  is 
satisfied,  either on a reference made to him in this behalf or otherwise, that-- 
  
(a) a  licence granted under section 12 has been obtained by misrepresentation or  
suppression of any material fact, or 
  
(b) the  holder of  a licence has, without r easonable cause, failed to  comply with  
the conditions subject to which the licence  has been granted or has contravened  
any of the  provisions   of  this   Act  or   the  rules  made thereunder, then, 
without  prejudice to   any other  penalty  to which the holder of the licence  may 
be  liable under this Act, the licensing o fficer may, after giving the holder  of the  
licence an opportunity of s howing cause, revoke or suspen d the licence or forfeit 
the sum, if any, or any portion thereof de posited as  security  for  the  due  
performance  of  the  conditions subject to which the licence has been granted. 
  
(2) Subject  to any  rules that  may be  made in this behalf, the licensing officer  may vary  
or amend  a licence granted under section 12. 
  
15. Appeal.- (1) Any  person aggrieved  by an  orde r  made  under section 7, section 8, 
section 12 or section 14 may, within thirty days  from the  date on  which the  order is  
communicated to him, prefer an  appeal to an appellate o fficer who shall be a person 
nominated in this behalf by the appropriate Government: 
  
Provided that the appellate  offi cer may  entertain  the  appeal  after the expiry of the said 
period of thirty days, if he is satisfied th at the  appellant was  prevented by sufficient 
cause from filing the appeal in time. 
  
(2) On  receipt of an appeal under sub-section (1), the appellate officer shall,  after giving  
the appellant  an opportunity  of  being hear d dispose of the appeal as expeditiously as 
possible. 
  
 
CHAPTER V 
  
WELFARE AND HEALTH OF CONTRACT LABOUR 
  
   
16. Canteens.-  (1) The  appropriate  Government  may  make  rules requiring that in 
every establishment-- 
  
           (a) to which this Act applies, 
  
(b) wherein  work requiring employment of cont ract labour is likely  to   continue  
for such  period   as  may  be prescribed, and 
  
(c) wherein contract labour numbering one hundred or more is ordinarily 
employed by a contractor, one  or  more  canteens  shall  be  provided  and  
maintained  by  the contractor for the use of such contract labour. 
  
(2) Without  prejudice to  the generality of the foregoing power, such rules may provide 
for-- 
  
           (a) the date by which the canteens shall be provided; 
  
(b) the  number of  canteens that shall be provided, and the standards in  respect of  
construction,  accommodation, furniture and other equipment of the canteens; and 
  
(c) the  foodstuffs which  may be  served  therein  and  the charges which may be 
made thereof. 
  
   
17. Rest-rooms.- (1) In every place  wherein contract  la bour  is required  t o   h a l t   a t   
night  in  connection  with  the  work  of  an establishment-- 
  
           (a) to which this Act applies, and 
  
(b) in which work requiring employment of cont ract labour is likely  to   continue  
for   such  period   as  may  be prescribed, there shall  be provided  and maintained 
by the contractor for the use of  the  contract labour  such   number  of   rest-rooms  
or  such  other suitable  alternative   acco mmodation  within  such  time  as  may  
be prescribed. 
  
(2)  The  rest rooms  or  the  alternative  accommodation  to  be provided under  sub-
section (1)  shall  be  sufficiently  lighted  and ve ntilated  and  shall  be  maintained  in  a  
clean  and  comfortable condition. 
  
   
18. Other  facilities.- It shall be  the duty of every contractor employing  contract   labour  
in   connection  with  the  work  of  an es tablishment to which this Act applies, to provide 
and maintain-- 
  
(a) a  sufficient supply of wholesome dr inking water for the contract labour at 
convenient places; 
  
(b) a  sufficient number  of latrines  and  urinals  of  the pr escribed types  so 
situated  as to  be convenient and accessible to the contract labour in the 
establishment; and 
  
           (c) washing facilities. 
  
  19. First-aid facilities.- There shall be provided and maintained by the  contractor so  as 
to  be readily accessible during all worki ng hours a  first-aid box  equipped with the 
prescribed contents at every place where contract labour is employed by him. 
  
20. Liability of principal em ployer in certain cases.- (1) If any amenity required  to be 
provided under section 16, sect ion 17, section 18 or section 19 for the benefit of the 
contract labour employed in an es tablishment is  not provided  by  the  contractor  within  
the  time prescribed thereof,  such amenity shall be provided by the principal employer 
within such time as may be prescribed. 
  
(2) All  expenses incurred by the principal employer in providing the amenity  may be  
recovered by  the  principal  employer  from  the contractor  either  by  deduction  from  
any  amount  payable  to  the contractor unde r any contract or as a debt payable by the 
contractor. 
  
21. Responsibility  for payment of wages.-  (1) A contractor shall be responsible  for 
payment of wages to each worker employed by him as contract labour and such wages 
shall be paid before the expiry of such period as may be prescribed. 
  
(2) Every principal employer shall nominate a representative duly authorized by  him to  
be present at the time of disbursement of wages by the  contractor and  it shall be the duty 
of such representative to certify the amounts paid as wages in such manner as may be 
prescribed. 
  
(3) It  shall be  the  duty  of  the  contractor   to  ensure  the disbursement of wages in the 
presence of the authorized representative of the principal employer. 
  
(4) In  case the contractor fails to make paym ent of wages within the prescribed  period 
or  makes short  payment,  then  the  pr incipal employer shall  be liable  to make  
payment of  wages in  full or  the unpaid balance  due , as  the case  may  be,  to  the  
contract  labour employed by  the contractor  and recover  the amount  so paid from the 
 contractor  either  by  deduc tion  from  any  amount  payabl e  to  the c ontractor under 
any contract or as a debt payable by the contractor. 
  
   
CHAPTER VI 
 
PENALTIES AND PROCEDURE 
  
22. Obstructions.- (1) Whoever  obstructs  an  inspector  in  the discharge of his duties 
under this Act or refuses or willfully neglects to  afford  the  inspector  any  reasonable  
facility  for  making  any inspection, examina tion,  inquiry or  inve stigation authorized  
by  or under this  Act in  relation  to  an  es tablishment  to  which,  or  a contractor to  
whom,  this  Act  applies,  shall  be  punishable  with imprisonment for a term which may 
extend to three months, or with fine which may extend to five hundred rupees, or with 
both. 
  
(2) Whoever  willfully refuses  to produce  on the  demand  of  an inspector any register 
or other document kept in pursuan ce of this Act or prevents  or attempts  to prevent  or 
does  anything which  he  has reason to  believ e is  likely to  preven t any  person  from  
appearing before or  being examined  by an   inspector acting in pursuance of his duties 
under  this Act,  shall be  punishable with  imprisonment for a term which  may extend  to 
three months, or with fine which may extend to five hundred rupees, or with both. 
  
 23. Contravention  of provisions regardi ng employment of contract labour.-  Whoever 
contravenes any provision of this Act or of any rules ma de thereunder  prohibiting, 
restricting or regulating the employment of contract  labour, or contravenes any condition 
of a licence granted under this  Act,  shall be  punishable with imprisonment for a term 
which may extend to  three months, or w ith fine which may extend to one thousand 
rupees, or  with both,  and in  the case of a continuing cont ravention with an  additional 
fine  which may  extend to  one hundred ru pees for every day  during which  such 
contravention continues after conviction for the first such contravention. 
  
  24.  Other offences.-  If  any  person  contravenes  any  of  the provisions of  this Act  or 
of  any rules made thereunder for which no ot her penalty  is elsewh ere  provided, he  
shall  be  punishable  with imprisonment for a term which may extend to three months, or 
with fine which may extend to one thousand rupees, or with both. 
  
  25. Offences  by companies.- (1)  If  the  person  committing  an offence under  this Act  
is a  company, the  company as  well as every person in  charge of ,  and responsible to, 
the company for the conduct of its  business at  the time of the commission of the offence 
shall be deemed to be guilty of the offence and shall be liable to be proceeded 
 against and punished accordingly: 
Provided that  nothing contained in this sub-section shall rende r any such person 
liable to any punishment if he  proves that the offence wa s committed  without his  
knowledge or  that he  exercised  all  due  diligence to prevent the commission of such 
offence. 
  
(2) Notwithstanding  anything contained in sub- section (1), where an offence  under this  
Act has  been committed by a company and it is proved that  the offence  has been  
committed   with  the  consent  or connivance of,  or that  the commission of the offence 
is attributable to any neglect on the part of  any director, manager, managing agent or any 
other  officer of  the company,  such direct or,  manager, managing agent or  such other 
officer shall also be deemed to be guilty of that offence and  shall be  liable to  be 
proceeded  against  and  punished accordingly. 
  
Explanation.-- For the purpose of this section-- 
  
(a) "company"  means any  body corpor ate and includes a firm or other 
association of individuals; and 
  
           (b) "director",  in relation  to a  firm, means a partner in the firm. 
  
26. Cognizance of offences.- No court shall take  cognizance of any offence under  this 
Act  except on  a complaint  made by,  or with  the previous sanction  in writing  of, the 
inspector and no court inferior to that  of a Presidency Magistrate or a magistrate of the 
first class shall try any offence punishable under this Act. 
  
27. Limitation of prosecutions.- No court shall take cognizance of an offence  punishable 
under  this Act unless the complaint thereof is made within three months from the date on 
which the alleged commission of the offence came to the knowledge of an inspector: 
  
Provided that  where the offen ce consists of disobeying a written order made  by an  
inspector, complaint thereof may be made with in six months of  the date  on which  the 
offence  is alleged  to  have  been committed. 
 
CHAPTER VII 
  
MISCELLANEOUS 
  
28. Inspecting  staff.- (1) The appropriate  Government  may,  by notification in  the 
Official  Gazette, appoint  such  persons  as  it thinks fit  to be  inspectors for the purposes 
of this Act, and define the local  limits w ithin  which they shall exercise their powers 
under this Act. 
  
(2) Subject  to any  rules made in this beha lf, an inspector may, within the local limits for 
which he is appointed-- 
  
(a) enter, at all re asonable hours, with such assist ance (if any), being persons in 
the service of the Government or any local  or other  pub lic authority as he thinks 
fit, any  premises   or  place   where  contract  labour  is employed, for  the 
purpose of examining any register or record  or  notices require d  to be kept or 
exhibited by or under this Act or ru les made thereunder, and require the 
production thereof for inspection; 
  
(b) examine any person whom he finds in any such premises or place and who, he 
has reasonable cause to believe, is a workman employed therein; 
  
(c) require  any person  giving out work and any workman, to give any  
information, which  is in  his power  to  give with respect  to the names and 
addresses of the persons to, for  and  from  whom  the  work  is  given  out  or 
received, and  with respect  to the payments to be made for the work; 
  
(d) seize  or take  copies of such register , record of wages or notices  or portions  
thereof  as  he  may  consider relevant  in  respect of an offence under this Act 
which he has  reason to  believe has  b een committed  by  the principal employer 
or contractor; and 
  
           (e) exercise such other powers as may be prescribed. 
  
(3) Any  person required  to produce  any docum ent or thing or to give any  information 
required  by an  inspector unde r sub-section (2) shall be deem ed to  be legally bound to 
do so within the meaning of section 175 and s ection 176 of the Indian Penal Code (45 of 
1860). 
  
(4) The provisions of the Code of Criminal Procedure, 1898  (5 of 1898), shall,  so far  as 
may be, apply to any search or seizure under su b-section (2)  as they apply to any search 
or seizure made under the authority of a wa rrant issued under sec tion 98 of the said 
Code.
3 
 
29. Registers  and other records to  be  maintained.-  (1)  Every principal employer  and 
every contractor shall maintain such register s and records  giving such  particulars of 
contract labour employed, the nature of  wo rk performed  by the  contract labour, the 
rates of wages paid to the contract labour and such other particulars in such form as 
 may be prescribed. 
  
(2) Every  principal employer  and every  contractor  shall  keep exhibited in  such 
manner  as may be prescribed within the premises of the establishment  where the  
contract labour  is employed, notices in the prescribed  form containing  particulars about  
the hours of work, nature of duty and such other information as may be prescribed. 
 
30. Effect of laws and agreements inconsistent with this Act.- (1) The provisions  of this 
Act shall have effect notwithstanding anything inconsistent therewith  contained in  any 
                                                
 
3 Now see Section 94 of the Criminal Procedure Code, 1973 
other law or in the terms of any agreement  or contract  of serv ice,  or  in  any  standing  
orders applicable to  the establishment  whether made  before  or  after  the 
 commencement of this Act: 
  
Provided that where under any such agreemen t, contract of service or standing  
orders the  contract labour employed in the establishment ar e entitled  to benefits  in 
respect  of any  matter which  are  more favour able to  them than  those to  which they 
would be entitled under this Act,  the contract  labour shall  continue to  be entitled to the 
more favourable  benefits in  respect of  that matter, notwithstanding that they receive 
benefits in respect of other matters under this Act. 
  
(2)  Nothing   contained  in  this  Act  sh all  be  construed  as precluding any  such 
contract  labour from  ente ring into an agreement with the principal employer or the 
contractor, as the case may be, for granting them  rights or pr ivileges in respect of any 
matter, which are more favourable  to them  th an those  to which  they would be entitled 
under this Act. 
 
31. Power to exempt in special cases.- The appropriate Government may, in  the case  of 
an  emergency, direct,  by notif ication  in  the Official G azette, that subject to such 
conditions and restrictions, if any, and  for such  period or  periods, as  may be  specified  
in  the notification, all  or any  of the  provi sions of this Act or the rules made thereunder  
shall not apply to any establishment or class of establishments or any class of contractors. 
  
32. Protection of action  taken under  this Act.-  (1)  No  suit, prosecution  or   other  
legal   proceedings  shall  lie  against  any registering officer, licensing officer or any 
other Government servant or against  any member of the Central Board or the State 
Board, as the case may  be, for  anything which is in good faith done or intended to 
 be done in pursuance of this Act or any rule or order made thereunder. 
  
(2) No  suit or  other legal  proceeding shal l  lie  against  the Government for  any 
damage  caused or  likely to be caused by anything which is  in good  faith done  or 
intended  to be done in pursuance of this Act or any rule or order made thereunder. 
  
33. Power  to give  directions.- The  Central Government may give directions to  the 
Government  of any  State as  to the  carrying into execution in the State of the provisions 
contained in this Act. 
 
34. Power  to remove  difficulties.- If any difficulty  arises in giving effect  to the  
provisions of  this Act, the Central Government may, by  or der published in the Official 
Gazette, make such provisions not inconsiste nt  with the provisions of this Act, as 
appears to it to be necessary or expedient for removing the difficulty. 
  
35. Power  to make  rules.- (1) The appropriate  Governme nt  may, subject to  the 
condition  of previous  publication,  make  rules  for carrying out the purposes of this Act. 
  
(2) In particular, and without prejudice to the generality of the foregoing power,  such 
rules  may  provide  for  all  or  any  of  the following matters, namely:-- 
  
(a) the  number  of  persons  to  be  appointed  as  members representing various 
interests on the Central Board and the State  Board, the  term of  their office  and 
other conditions of  service, the procedure to be followed in the discharge  of their  
functions and  the  manner  of filling vacancies; 
  
(b) the  times and  places of  the meetin gs of any committee constituted  under   
this  Act,  the  procedure  to  be followed  at   such  meetings   including  the   
quorum necessary for the transaction of business, and the fees and allowances  
that may  be paid  to the  members of a committee; 
  
(c) the  manner in  which establishments  may be  registered under section  7, the  
levy of  a fee  thereof and the form of certificate of registration; 
  
(d) the  form of  applica tion for  the grant or renewal of a licence under  section 
13  and the  particulars it  may contain; 
  
(e) the  manner in  which an  investigation is to be made in respect of  an 
application  for the  grant of  a licence and the matters to  be taken into account in 
granting or refusing a licence; 
  
(f) the  form of  a licence  which may be granted or renewed under section  12 and  
the conditions  subject to which the licence  may be  granted or renewed, the fees 
to be levied for  the grant  or renewal  of a licence and the deposit of  any sum  as 
security for the performance of such conditions; 
  
(g) the circumstances under which licen ces may be varied or amended under 
section 14; 
  
(h) the  form and manner in which appeal s may be filed under section  15   and  
the  procedure  to  be  followed  by appellate officers in disposing of the appeals; 
  
(i) the time within which facilities required by this Act to be provided  and 
maintained  may be  so provided by the cont ractor and  in case  of default  on the 
part of the contractor, by the principal employer; 
  
(j) the  number and  types of canteens, re st rooms, latrines and urinals that should 
be provided and maintained; 
  
           (k) the  type of  equipment that  should be  provided in the first-aid boxes; 
  
(l) the period within which wages payabl e to contract labour should be  paid by 
the contractor under sub-section (1) section 21; 
  
(m) the  form of  registers and  record s to be maintained by principal employers 
and contractors; 
  
(n) the  submission of  returns, forms  in   which,  and  the authorities to which, 
such returns, may be submitted; 
  
(o) the  collection of  any  information  or  statistics  in relation to contract labour; 
and 
  
           (p) any  other matter which has to be, or may be, prescribed under this Act. 
  
(3) Every  rule made  by the  Central Government  under this  Act shall be laid as soon as 
may be after it is made, before each House of Parliament while  it is  in session  for a total 
period of thirty days which may  be comprised  in one session or in two successive 
sessions, and if  before the expiry of the sess ion in which it is so laid or the session  
immediately  following,  both  Houses  agree  in  making  any modifi cation in the rule or 
both Houses agree that the rule should not be ma de,  the rule  shall thereafter have effect 
only in such modified form or  be of  no effect,  as the  case may be; so, however, that 
any such modification or annulment  shall be  without  prejudice  to  the validity of 
anything previously done under that rule. 

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