THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
ACT NO. 37 OF 1970
[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 :--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent, commencement and application.
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 employes 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
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1. 10th February, 1971; vide Notification No. G.S.R. 190 dated 1-2-
1971, Gazette of India, 1971, Pt. II, Sec. 3(i), p.173.
502
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.
2.
Definitions.
2. Definitions.- (1) In this Act, unless the context otherwise
requires,--
1*[(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, 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 of
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;
(d) "controlled industry" means any industry the control of
which by the Union has been declared by any Central Act
to be expedient in the public interest;
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1. Subs. by Act 14 of 1986, s. 2 (w.e.f. 28.1.1986).
503
(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;
(f) "prescribed" means prescribed by rules made under this
Act;
(g) "principal employer" menas--
(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,
(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,
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,
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 superviory 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
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(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 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.
CHAP
THE ADVISORY BOARDS
CHAPTER II
THE ADVISORY BOARDS
3.
Central Advisory Board.
3. Central Advisory Board.- (1) The Central Government shall, as
soon as may be, constitute a board to be called the Central Advisory
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 referred to it and 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 represent that Government, the Railways,
the coal industry, the mining industry, the
contractors, the workmen and any other interests which,
in the 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 office 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 number of members nominated to
represent the principal employers and the contractors.
505
4.
State Advisory Board.
4. State Advisory Board.- (1) The State Government may constitute
a board to be called the State Advisory Contract Labour Board
(hereinafter referred to as the State Board) to advise the State
Government on such matters arising out of the administration of this
Act as may be referred to it and to carry out other 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-officio, 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 office 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 number of members nominated to
represent the principal employers and the contractors.
5.
Power to constitute committees.
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 committe constituted under sub-section (1) shall meet at
such times and places and shall observe such rules of procedure in
regard 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.
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CHAP
REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR
CHAPTER III
REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR
6.
Appointment of registering officers.
6. Appointment of registering officers.- The appropriate
Government may, by an order notified in the Official Gazette--
(a) appoint such persons, being Gazetted 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 registering officer
shall exercise the powers conferred on him by or under
this Act.
7.
Registration of certain establishments.
7. Registration of certain establishments.- (1) Every principal
employer of an establishment to which this Act applies shall, within
such period as the appropriate Government may, by notification in the
Official Gazette, 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 may entertain any such
application for registration after expiry of the period fixed in this
behalf, if the registering officer is satified that the applicant was
prevented by sufficient cause from making the application in time.
(2) If the application for registration is complete 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.
Revocation of registration in certain cases.
8. Revocation of registration in certain cases.- 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.
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,
507
(b) in the case of an establishment the registration in
respect of which has been revoked under section 8,
employ contract labour in the establishment after the expiry of the
period referred to in clause (a) or after the revocation of
registration referred to in clause (b), as the case may be.
10.
Prohibition of employment of contract labour.
10. Prohibition of employment of contract labour.- (1)
Notwithstanding anything contained in this Act, the appropriate
Government may, after consultation with the Central Board or, as the
case may be, a State 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 establishment and other relevant factors, such
as--
(a) whether the process, operation or other work is
incidental to, or necessary for the industry, trade,
business, manufacture 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
industry, 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 employ considerable number
of whole-time workmen.
Explanation.--If a question arises whether any process or
operation or other work is of perennial nature, the decision of the
appropriate Government thereon shall be final.
CHAP
LICENSING OF CONTRACTORS
CHAPTER IV
LICENSING OF CONTRACTORS
11.
Appointment of licensing officers.
11. Appointment of licensing officers.- The appropriate Government
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
508
(b) define the limits, within which a licensing officer
shall exercise the powers conferred on licensing
officers by or under this Act.
12.
Licensing of contractors.
12. Licensing of contractors.- (1) With effect from such date as
the appropriate Government may, by notification in the Official
Gazette, appoint, no contractor to whom this Act applies, shall
undertake or execute any work through 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 Act, 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 respect 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.
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
location 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 investigation in respect
of the application received under sub-section (1) and in making any
such investigation the licensing officer shall follow such procedure
as may be prescribed.
(3) A licence granted under this Chapter shall 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 and amendment of licences.
14. Revocation, suspension and 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 reasonable 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 officer may,
after giving
509
the holder of the licence an opportunity of showing cause, revoke or
suspend the licence or forfeit the sum, if any, or any portion thereof
deposited 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.
15. Appeal.- (1) Any person aggrieved by an order 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 officer who shall be a person nominated in this
behalf by the appropriate Government:
Provided that the appellate officer may entertain the appeal
after the expiry of the said period of thirty days, if he is satisfied
that 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
heard dispose of the appeal as expeditiously as possible.
CHAP
WELFARE AND HEALTH OF CONTRACT LABOUR
CHAPTER V
WELFARE AND HEALTH OF CONTRACT LABOUR
16.
Canteens.
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 contract 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
510
(c) the foodstuffs which may be served therein and the
charges which may be made therefor.
17.
Rest-rooms.
17. Rest-rooms.- (1) In every place wherein contract labour is
required to halt at night in connection with the work of an
establishment--
(a) to which this Act applies, and
(b) in which work requiring employment of contract 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 accommodation 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
ventilated and shall be maintained in a clean and comfortable
condition.
18.
Other facilities.
18. Other facilities.- It shall be the duty of every contractor
employing contract labour in connection with the work of an
establishment to which this Act applies, to provide and maintain--
(a) a sufficient supply of wholesome drinking water for the
contract labour at convenient places;
(b) a sufficient number of latrines and urinals of the
prescribed types so situated as to be convenient and
accessible to the contract labour in the establishment;
and
(c) washing facilities.
19.
First-aid facilities.
19. First-aid facilities.- There shall be provided and maintained
by the contractor so as to be readily accessible during all working
hours a first-aid box equipped with the prescribed contents at every
place where contract labour is employed by him.
20.
Liability of principal employer in certain cases.
20. Liability of principal employer in certain cases.- (1) If any
amenity required to be provided under section 16, section 17, section
18 or section 19 for the benefit of the contract labour employed in an
establishment is not provided by the contractor within the time
prescribed therefor, 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 under any contract or as a debt payable by the contractor
511
21.
Responsibility for payment of wages.
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
authorised 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 authorised representative
of the principal employer.
(4) In case the contractor fails to make payment of wages within
the prescribed period or makes short payment, then the principal
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 deduction from any amount payable to the
contractor under any contract or as a debt payable by the contractor.
CHAP
PENALTIES AND PROCEDURF
CHAPTER VI
PENALTIES AND PROCEDURF
22.
Obstructions.
22. Obstructions.- (1) Whoever obstructs an inspector in the
discharge of his duties under this Act or refuses or wilfully neglects
to afford the inspector any reasonable facility for making any
inspection, examination, inquiry or investigation authorised by or
under this Act in relation to an establishment 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 wilfully refuses to produce on the demand of an
inspector any register or other document kept in pursuance of this Act
or prevents or attempts to prevent or does anything which he has
reason to believe is likely to prevent 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 regarding employment of contract labour.
23. Contravention of provisions regarding employment of contract
labour.- Whoever contravenes any provision of this Act or of any rules
made thereunder prohibiting, restricting or regulating the employment
of contract labour, or contravenes any condition of a licence granted
under
512
this Act, 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, and in the case of a continuing contravention
with an additional fine which may extend to one hundred rupees for
every day during which such contravention continues after conviction
for the first such contravention.
24.
Other offences.
24. Other offences.- If any person contravenes any of the
provisions of this Act or of any rules made thereunder for which no
other penalty is elsewhere 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.
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 render
any such person liable to any punishment if he proves that the offence
was 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 director, 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 corporate 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.
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.
513
27.
Limitation of prosecutions.
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 offence consists of disobeying a written
order made by an inspector, complaint thereof may be made within six
months of the date on which the offence is alleged to have been
committed.
CHAP
MISCELLANEOUS
CHAPTER VII
MISCELLANEOUS
28.
Inspecting staff.
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 within which they shall exercise their powers under
this Act.
(2) Subject to any rules made in this behalf, an inspector may,
within the local limits for which he is appointed--
(a) enter, at all reasonable hours, with such assistance (if
any), being persons in the service of the Government or
any local or other public 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 required to be kept or exhibited by
or under this Act or rules 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 been committed by the
principal employer or contractor; and
(e) exercise such other powers as may be prescribed.
(3) Any person required to produce any document or thing or to
give any information required by an inspector under sub-section (2)
shall be
514
deemed to be legally bound to do so within the meaning of section 175
and section 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
sub-section (2) as they apply to any search or seizure made under the
authority of a warrant issued under section 98 of the said Code.
29.
Registers and other records to be maintained.
29. Registers and other records to be maintained.- (1) Every
principal employer and every contractor shall maintain such registers
and records giving such particulars of contract labour employed, the
nature of work 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.
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 other law or in the terms of
any agreement or contract of service, 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 agreement, contract of service
or standing orders the contract labour employed in the establishment
are entitled to benefits in respect of any matter which are more
favourable 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 shall be construed as
precluding any such contract labour from entering into an agreement
with the principal employer or the contractor, as the case may be, for
granting them rights or privileges in respect of any matter which are
more favourable to them than those to which they would be entitled
under this Act.
31.
Power to exempt in special cases.
31. Power to exempt in special cases.- The appropriate Government
may, in the case of an emergency, direct, by notification in the
Official Gazette, 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 provisions of this Act or the rules
made thereunder shall not apply to any establishment or class of
establishments or any class of contractors.
515
32.
Protection of action taken under this Act.
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 shall 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.
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.
34. Power to remove difficulties.- If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act, as appears to it to
be necessary or expedient for removing the difficulty.
35.
Power to make rules.
35. Power to make rules.- (1) The appropriate Government 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 meetings 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 therefor and the
form of certificate of registration;
(d) the form of application 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;
516
(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 licences may be varied or
amended under section 14;
(h) the form and manner in which appeals 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
contractor and in case of default on the part of the
contractor, by the principal employer;
(j) the number and types of canteens, rest-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 payable to contract labour
should be paid by the contractor under sub-section (1)
of section 21;
(m) the form of registers and records 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 session in which it is so laid or the
session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not
be made, 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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