(1) Where conditions arise in an establishment 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 or the contractor, 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 in which the establishment is situated.
(2) The application for such temporary certificate of registration or licence shall be made in triplicate in Forms VIII and X respectively and shall be accompanied by a 1[demand draft drawn in favour of the Pay and Accounts Officer, Office of the Chief Labour Commissioner (Central) New Delhi] showing 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 therefor 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 contract on any day— Rs.
(a) exceeds 20 but does not exceed 50 2[30.00]
(b) exceeds 50 but does not exceed 200 2[60.00]
(c) exceeds 200 2[90.00]
(7) The fees to be paid for the grant of a licence under sub-rule (3) shall be specified below:
If the number of workmen to be employed by the contractor on any day— Rs.
(a) exceeds 20 but does not exceed 50 2[15.00]
(b)
(c) exceeds 50 but does not exceed 200 exceeds 200 2[60.00] 2[90.00]
1. Subs, by G.S.R. 657, dated llth August, 1987.
2. Subs, by G.S.R. 1215(E), dated 28th December, 1988.
(8) The provision of rule 23 and rule 24 shall apply to the refusal to grant licence or to grant licence under sub-rule (4) and sub-rule (3) respectively.
CHAPTER IV APPEALSAND PROCEDURE
33. (1) (i) Every appeal under sub-section (1) of section 15 shall be preferred in the form of a memorandum signed by the appellant or his authorised agent and presented to the Appellate Officer in person or sent to him by registered post.
(ii) The memorandum shall be accompanied by a certified copy of the order appealed from and a 1[demand draft] for rupees 10.
(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.
34. (1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of rule 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed by the Appellate Officer.
(2) Where the Appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection, and communicate the order to the appellant.
(3) Where the memorandum of appeal is in order the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in a book to be kept for the purpose called the Register of Appeals.
(4) (i) When the appeal has been admitted, the Appellate Officer shall send the notice of the appeal to the Registering Officer or the Licensing Officer as the case may be, from whose order the appeal has been preferred and the Registering Officer or the Licensing Officer shall send the record of the case to the Appellate Officer.
(ii) On receipt of the record, the Appellate Officer shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.
35. If on the date fixed for hearing, the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.
36. (i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal, and where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.
(ii) Such an application shall, unless the Appellate Officer extends the time for sufficient reason, be made within 30 days of the date of dismissal.
37. (1) If the appellant is present when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and pronounce judgment on the appeal, either confirming, reversing or varying the order appealed from.
1. Subs, by G.S.R. 657, dated llth August, 1987.
The Contract Labour (Regulation and Abolition) Central Rules, 1971
(2) The judgment of the Appellate Officer shall state the points for determination, the decisions thereon and the reasons for the decisions.
(3) The order shall be communicated to the appellant and copy thereof shall be sent to the Registering Officer of the Licensing Officer from whose order the appeal has been preferred.