The Regulation for Regulation of Contract Labor (Regulation and Abolition Act, 1970 was passed which came into effect from February 10, 1970. It is intended to protect contractual workers from exploitation. Ensuring proper arrangements for the health and welfare of workers Act The purpose of this Act shall apply to establishments in which more than twenty or twenty workers are employed. Or were. But the appropriate Government may apply by notification in the Official Gazette even to establishments with less working workers. Interstitial or contingent. It will not be applicable to the installations of nature. The government's decision in this regard will be final.
The Act applies to public private employers and the government. It is not considered unconstitutional although it imposes certain restrictions and obligations on the contractors. The contractor (including the subcontractor) providing workers for the completion of the work / results in the establishment and the person available to work through them is called the contract labor. Placement has a wider meaning here where the identification process is performed. The head employer is defined in section 1 sub-section (g), the name specified means. The Central Government constitutes the Central Advisory Board (Thekashram). It consists of a chairman, chief labor, commissioner, central government, railways, Mines etc. shall have at least 11 or maximum 17 representatives. The number of members representing the interests of the workers shall not be less than the representatives of the principal employers. The government will not be obliged to follow its advice. The State Government will set up a State Advisory (Contract) Board for advising at the state level, the terms of term of these two members, other conditions of service, procedure to be followed and filling of vacancies shall be such as may be prescribed. They have the power to constitute board committees.
According to Section 6, the government will appoint its gazetted officer to capitalize the establishments employing them on contract and also determine the extent of their jurisdiction. On submission of the application within the stipulated period and the fulfillment of all the conditions, the registrar will register and issue a certificate which will work as a licensing. If satisfied for sufficient reasons, the officer can consider the application submitted late. Improperly obtained registrations can also be revoked by providing an opportunity for a hearing by the principal employer and with the prior approval of the government. According to Section 9, contract workers will not be employed on cancellation of registration. Under Section 10, the appropriate government can impose impunity on the employment of contract workers.
Appropriate government will appoint license officers under Section 11, by setting a reasonable number of limits. Work will not be done through the contract without license. The government will make rules regarding service conditions such as hours of work etc., and for depositing the prescribed security amount. The Principal Planner will have to comply. The licensing officer may renew on time the fee prescribed under Section 13 of the license. In case of misappropriation of license, secrecy of important facts, regularization, its revocation, suspension and amendment can also be done. A person aggrieved by any order under Section 15 may appeal to the Appellate Officer, a person designated by the Government, within 30 days.
In section 16, the government will order the employers for the provision of refreshments for the welfare and health of the contract workers. Will give directions about the description and price etc. of food items. Under Section 18, it will be the responsibility of the employer to arrange for comfortable rooms with clean, comfortable lighting for restrooms and night stay. Apart from this, supply of healthy drinking water, adequate number of toilets, urinals, washing facilities will have to be provided. According to Section 20, first aid facilities will be provided. For these facilities, the Principal Employer can recover the expenses incurred from the Contractor. According to Section 21, the payment of wages would be on the contractors. This will also include over time wage. On making a down payment, the principal employer will be entitled to recover the balance amount from the contractor. Indian Air Lines v. Central Government Labor Court,
Penalty has been provided in section 22. Whoever interrupts the work of the inspector or refuses to give the register for inspection, can be punished with imprisonment for three months or fine of five hundred rupees or both. An employer who violates the terms of restrictions, license shall be punished with imprisonment for three months and fine of one thousand rupees or both. In case of conviction of the first violation, it can be punished under Section 23 for one hundred rupees per day if it continues. The complainant will have the burden of proving the violation. In the case of a company, under Section 25, the person in charge of the company and the person responsible for it can be punished. This includes directors, managers, management agents, Etc. come. No court under Presidency Magistrate or First Class Magistrate shall take cognizance or prosecution of punishable offenses. The complaint will be filed within 90 days from the date of the offense, by the inspector or by the person who has obtained his written prior approval, otherwise it will not be considered. The inspectors will have the right to investigate, seek the assistance of a public officer, conduct examination with any person, know the name and address of the person who distributed the work, seize the register etc. or take copies of them.
The responsibility of maintaining registers or other records will be the responsibility of the Principal Planner under Section 29, in which entries of wage payment etc. and other desired information etc. are given. Section 30 highlights the effect of statutes and agreements inconsistent with the Act. The facilities provided under this Act will not be reduced in any case from the facilities provided in other laws. Section 31 empowers the appropriate government to exempt certain installations or contractors from certain restrictions of the Act. Prosecution or legal action will not be taken for the work done in good faith under the Section 32 Registration Officer, License. This stream provides protection to them. Section 33 empowers the Central Government to direct the State Government and to remove the difficulties faced in giving effect to the provisions of the Section 34 Act and Section 34 to make rules.
Workers on daily wages - "The principle of equal pay for equal work" also applies to workers working on daily wages, whether they are employed in a permanent scheme or in a temporary scheme, the difference in wage payment of Article 14. Will be considered to be discriminatory. Such workers should be considered permanent after a long period.
