CHAPTER III - REGISTRATION AND LICENSING
17. Manner of making application for registration of establishments.
1) The application referred to in sub-section (1) of Section 7 shall be made in triplicate Form I to the registering officer of the area in which the establishment sought to be registered is located.
2) The application referred to in sub-rule (1) shall be accompanied by a [demand draft] showing payment of the fees for the registration of the establishment.
3) Every application referred to in sub-rule (1) shall be either personally delivered to the registering officer or sent to him by registered post.
4) On receipt of the application referred to in sub-rule (1), the registering officer shall, after noting thereon the date of receipt by him of the application grant an acknowledgement to the applicant.
18. GRANT OF CERTIFICATE OF REGISTRATION
1) The certificate of registration granted under sub-section (2) of Section 7 shall be in Form II.
2) Every certificate of registration granted under sub-section (2) of Section 7 shall contain the following particulars, namely: -
(a) the name and address of the establishment;
(b) the maximum number of workmen to be employed as contract labour in the establishment;
(c) the type of business, trade, industry, manufacture or occupation which is carried on in the establishment;
(d) such other particulars as may be relevant to the employment of contract labour in the establishment.
(3) The registering Officer shall maintain a register in Form III showing the particulars of establishments in relation to which certificates of registration have been issued by him.
(4) If, in relation to an establishment, there is any change, in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.
19. Circumstances in which application for registration maybe rejected
1) If any application for registration is not complete in all respects, the registering officer shall require the principal employer to amend the application so as to make it complete in all respects.
2) If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the registering officer shall reject the application for registration.
20. Amendment of certificate of registration
1) Where, on receipt of the intimation under sub rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to [pay] a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce the [demand draft] showing such deposit.
2) Where, on receipt of the intimation referred to in sub rule (4) of rule 18, the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III, he shall amend the said register and record therein the change which has occurred;
Provided that no such amendment shall affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendment.
Provided further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited by the principal employer.
21. Application for a Licence.--
1) Every application by a contractor for the grant of a licence shall be made in triplicate in Form IV, to the licencing officer of the area in which the establishment, in relation to which he is the contractor, is located.
2) Every application for the grant of a lience shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.
3) Every such application shall be either personally delivered to the licensing officer or sent to him by registered post.
4) On receipt of the application referred to in sub-rule (1), the licensing officer shall, after noting thereon the date of receipt of the application, grant an acknowledgement to the applicant.
5) Every application referred to in sub-rule (1) shall also be accompanied by a demand draft snowing-
(i) the deposit of the security at the rates specified fin rule 24, and
(ii) the payment of the fees at the rates specified in rule 26.
22. Matters to be taken into account in granting or refusing a licence
In granting or refusing to grant a licence, the licensing officer shall take the following matters into account, namely: -
(a) Whether the applicant-
(i) is a minor, or
(ii) is of unsound mind and stands so declared by a competent court, or
(iii) is an undischarged insolvent, or
(iv) has been convicted (at any time during a period of five years immediately preceding the date of application) of an offence that in the opinion of the Central Government, involves moral turpitude;
(b) Whether there is an order of the appropriate Government, or an award or settlement for the abolition of contract labour in respect of the particular type of work in the establishment for which the applicant is a contractor;
(c) Whether any order has been made in respect of the applicant under sub-section (1) of Section 14, and, if so, whether a period of three years has elapsed from the date of that order;
(d) Whether the fees for the application have been deposited at the rates specified in rule 26; and
(e) Whether security has been deposited by the applicant at the rates specified in rule 24.
23. Refusal to grant licence
1) On receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for a licence.
2) (i) Where the licensing officer is of opinion that the licence should not be granted, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.
ii) The order shall record the reasons for the refusal and shall be communicated to the applicant.
24. Security
1) Before a licence is issued, an amount calculated at the rate of Rs.90 for each of the workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder.
[Provided that where the contractor is a co-operative society, the amount deposited as security shall be at the rate of [Rs. 15] for each other of the workmen to be employed as a contract labour.]
(IA) where the applicant for the licence was holding a licence in regard to another work and that licence had expired, the licensing officer, if he is of the view that any amount out of the security deposited in respect of that licence is to be directed to be refunded to the applicant under rule 31, may, on an application made for that purpose in Form VA by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.]
(2)[The amount of security,or the balance amount, required to be deposited under sub-rule(1) or, as the case may be, under sub-rule (1A)] shall be paid in the local teasury under the Head of Account “Section T-Deposits & Advances-PartII Deposits bearing interest-(c) Other Deposit Accounts-Departmental and Judicial Deposits-Civil Deposits-Deposits, under Contract Labour (Regulation & Abolition) Act, 1970 (Central)
25. Forms and terms and conditions of licence.
1) Every licence granted under sub-section (1) of Section 12 shall be in Form VI.
2) Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely:-
i) The licence shall be non-transferable;
ii) The number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence;
iii) Save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable;
iv) The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948(11 of 1948) for such employment where applicable and where the rates have been fixed by agreement, settlement or award and less than the rates so fixed;
v) (a) In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishments, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work;
Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Chief Labour Commissioner (Central);
b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labour Commissioner (Central);
Explanation- While determining the wage rates, holidays, hours of work and other conditions of service under (b) above, the Chief Labour Commissioner shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments;
(VI)(a) in every establishment where twenty or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years.
(b) on of such rooms shall be used as a play room for the children and the other as bed room for the children,
(c) the contractor shall supply adequate number of toys’ and games in the playroom and sufficient number of cots and beddings in the sleeping room,
(d) the standard of construction and maintenance of the crèches shall be such as may be specified in this behalf by the Chief Labour Commissioner(C);
(vii) the licencee shall notify any change in the number of workmen or the conditions of work to the licensing officer;
[(viii) the licencee shall, within fifteen days of the commencement and completion of each contract work submit a return to the Inspector, appointed under Section 28 of the Act, intimating the actual date of the commencement, or, as the case may be, completion of such contract work in Form VIA];
[(ix) a copy of the licence shall be displayed prominently at the premises where the contract work is being carried on];
[(x) no female contract labour shall be employed by any contractor before 6.00 a.m. or after 7.00 p.m.
Provided that this clause shall not apply to the employment of women in pithead baths, crèches and canteens and so to mid-wives and nurses in hospitals and dispensaries].
[26.FEES: (1) The fees to be paid for the grant of a certificate of registration under Section 7 shall be as specified below: -
If the number of workmen proposed to be employed on contract on any days-
(a) is 20 Rs.60
(b) exceed 20 but does not exceed 50 Rs.150
(c) exceed 50 but does not exceed 100 Rs.300
(d) exceed 100 but does not exceed 200 Rs.600
(e) exceed 200 but does not exceed 400 Rs.1200
(f) exceeds 400 Rs.1500
(2) The fees to be paid for the grant of a licence under section 12 shall be as specified below: -
If the number of workmen employed by the contractor on any day-
(a) is 20 Rs.15.00
(b) exceed 20 but does not exceed 50 Rs.37.50
(c) exceed 50 but does not exceed 100 Rs.75.00
(d) exceed 100 but does not exceed 200 Rs.150
(e) exceed 200 but does not exceed 400 Rs.300.00
(f) exceed 400 Rs.375.00
27.Validity of the licence
Every licence granted under rule 25 or renewed under rule 29 shall remain in force for twelve months from the date it is granted or renewed.
28.Amendment of the licence:
(1) A licence issued under rule 25 or renewed under rule 29 may, for good and sufficient reasons be amended by the Licensing Officer.
(2) The Contractor who desires to have the licence amended shall submit to the licensing officer an application stating the nature of the amendment and reasons therefore.
(3) (i)If the licensing officer allows the application he shall require the applicant to furnish a [demand draft] for the amounts if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fees originally paid for the licence.
(ii) On the applicant furnishing the requisite [demand draft] the licence shall be amended according to the orders of the licensing officer.
(4) Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.
29.Renewal of licence-
(1) Every contractor shall apply to the licensing officer for renewal of the licence.
(2) Every such application shall be in Form VII in triplicate and shall be made not less then thirty days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued.
(3) The fees chargeable for renewal of the licence shall be the same as for the grant thereof:
Provided that if the application for renewal is not received within the time specified in sub-rule (2) a fee of 25 per cent in excess of the fee ordinarily payable for the licence shall be payable for such renewal:
Provided further that in case where the licensing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit as he thinks fit the payment of such excess fee.
30. Issue of duplicate certificate of registration or licence
Where a certificate of registration or a licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of fees of rupees five.
31. Refund of Security:
(1)(i) On expiry of the period of licence the contractor may, if she does not intend to have his licence renewed, make an application to the Licensing Officer for the refund of the security deposited by him under rule 24.
(ii) If the Licensing Officer is satisfied that there is no breach of the conditions of licence or there is no order under Section 14 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.
(2) If there is any order directing the forfeiture of any portion of the security, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, refunded to the applicant.
(3) Any application for refund shall, as far as possible be disposed of within 60 days of the receipt of the application.
32. Grant of temporary certificate of registration and licence-
(1) Where conditions arise in an establishments requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the Principal Employer of the establishment of the contractors, as the case may be, may apply for a temporary certificate of registration or licence to the registering officer or the licensing officer, as the case may be, having jurisdiction over the area din which the establishment is situated.
(2) The application for such temporary certificate of registration or licence shall be made sin triplicate in Form, VIII and X respectively and shall be accompanied by a [demand draft drawn in favour of the Pay & Account Officer, office of the Chief Labour Commissioner (Central) New Delhi], showing the payment of appropriate fees and in the case of licence the appropriate amount of security also.
(3) On receipt of the application, complete in all respects, and on being satisfied either on affidavit by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of fifteen days and was of a nature which could not but be carried out immediately the registering officer or the licensing officer as the case; may be, shall forthwith grant a certificate of registration in Form, IX, or a licence in Form, XI, as the case may be, for a period of not more than fifteen days.
(4) Where a certificate of registration or licence is not granted, the reasons therefore shall be recorded by the registering officer or the licensing officer, as the case may be.
(5) On the expiry of the validity of the registration certificate the establishment shall cease to employ in the establishment contract labour in respect of which the certificate was given.
(6) The fees to be paid for the grant of the certificate of registration under sub-rule (3) shall be as specified below:
If the number of workmen proposed to be employed on the contract on any day-
(a) exceeds 20 but does not exceed 50 Rs.30.00
(b) exceeds 50 but does not exceed 200 Rs.60.00
(c) exceeds 200 Rs.90.00
(7) The fees to be paid for the grant of a licence under sub-rule (3) shall be as specified below:
If the number of workmen to be employed by the contractor on any day-
(a) exceeds d20 but does not exceed 50 Rs.15.00
(b) exceeds 50 but does not exceed 200 Rs.60.00
(c) exceeds 200 Rs.30.00
(8) The provision of rule 23 and rule 24 shall apply to the refusal to grants licence or to grant licence under sub-rule (4) and sub-rule (3), respectively
0 comments:
Post a Comment