(l) in respect of establishment which are governed by the Payment of Wages Act, 1936 (4 of 1936) and the rules made thereunder, or the Minimum Wages Act, 1948 (11 of 1948) or the rules made thereunder, the following registers and records required to be maintained by the contractor as employer under those Acts and the rule made thereunder shall be deemed to be registers and records to be maintained by the Contractor under these rules:—
(a) Muster Roll:
(b) Register of Wages:
(c) Register of Deductions:
(d) Register of Overtime:
(e) Register of Fines:
(f) Register of advances.
(2) In respect of establishment not covered under sub-rule
(1), the following provisions shall apply, namely:— Ca) Every Contractor shall maintain a Muster Roil Register Provided that a combined muster roll-cum-wages Register in Form XVIII shall be maintained by the contractor where the wages period is a fortnight or less.
(b) Where the Wage period is one week or more the Contractor shall issue wage slip in Form XIX to the workers at least a day prior to the disbursement of wages.
(c) Signature or thumb-impression of every worker on the register of wages or wages-cum-muster roll as the case may be shall be obtained and entries therein, shall be authenticated by the initials of the contractor or his representative, and duly certified by the authorised representative, of the Principal Employer as required by rule 73.
(d) Registers of Deductions, Fine and Advances.—Registers of deductions for damage or loss, Register of fines 'and Register of advances shall be maintained by every contractor in Forms XX, XXI , and XXII respectively.
PART WI DEL HT GAZETTE EXTRAORDINARY 377
(e) Register of Overtime. —A register of overtime shall be maintained by every contractor in Form XXIII to record therein number of hours and wages paid for overtime work, if any.
(3) Notwithstanding anything contained in these rules where a combined or alternative form is sought to be used by the contractor to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder or any other laws or regulations or in cases where, mechanised pay rolls are introduced for better administration, alternative suitable forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Labour Commissioner, Delhi Administration.
79.
Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the Labour Commissioner, Delhi Administration, Deihi.
80.
(I) All registers and other records required to be maintained under the Act and rules, shall be maintained complete and upto date, and unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precincts of the work-place or at a place within a radious of one Kilometer.
(2) Such register shall be maintained legibly in English or Hindi.
(3) All the registers and other records shall be preserved in original for a period of three calendar years from the date of last entry therein.
(4) All the registers, records and notices maintained under the Act or rules shall be produced on demand bef_ore the Inspector or any other authority under the Act or any person authorised in that behalf by the Lt. Governor.
(5) Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a nil entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the nil entry relates in the respective registers maintained in Forms XX, XXI, and XXIII respectively.
378 DELHI GAZETTE EXTRAORDINARY {PART IV
81. (1) (i) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspectors having jurisdiction and date of payment of unpaid wages shall be displayed in English and in 1-lindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be.
(ii) The notices shall be correctly maintained in a clean and legible condition.
(2) A copy of the notice shall be sent to the Inspc.-ctor '13 n d whenever any change occur the same shall be communicated to him forthwith.
82. (1) Every contractor shall send half yearly return in Form XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the Half Year.
NOTE.—Half year for the purpose of this rule means `a period of 6 months commencing from 1st January and 1st July of every Year'.
(2) Every principal employer of a registered establishment shall send annually a return in Form XXV (In duplicate) so as to reach the Registring Officer concerned not later than the 15th February following the end of the year to which it relates.
83. (1) The Board, Committee, Labour Commissioner, Delhi Administration Delhi or the Inspector or any other authority under the Act shall have powers to Call for any information or statistics in relation to contract labour from any contractor or principal employer at any time by an order in writing.
(2) Airy person called upon to furnish the information under sub-rule (1) shall be legally bound to do so.
PART IV) DELHI GAZETTE EXTRAORDINARY 379 Foam I [See rule 1701 Application for Registration of Establishments Employing Contract Labour r. Name and location of the Establishment.
2. Postal address of the Establishment.
3. Full name and address of the Principal Employer (furnish Father's name in the case of individuals).
4. Full name and address of the Manager or person responsible for the supervision and control of the establishment.
5. Nature of work carried on in the establishment.
6. Particulars of contractors and contract labour;
(a) Names and Addresses of Contractors.
(b) Nature of work in which contract labour is employed or is to be employed.
(c) Maximum number of Contract Labour to be employedron any day through each contractor. k# (d) Estimated date of termination of employment of contract labour under each Contractor.
7. Particulars of treasury receipt enclosed (Name of the Treasury, Amount & Date) I hereby declare that the particulars given above are true to the best of my knowledge and belief.
Principal employer Seal and Stamp Office of the Registering.
Officer Date of receipt of application.
FORM II [See rule r8(r)] Certificate of Registration No. Date DELHI ADMINISTRATION OFFICE OF THE REGISTERING OFFICER A certificate of Registration containing the following particulars is hereby granted under sub-section (2) of section 7 of the Contract Labour (Regulation and Abolition) Act, 197o, and the rules made thereunder, to r. Nature of work carried on in the establishment.
2. Names and Aedresses of Contractors.
3. Nature of work in which contract labour is employed or is to be employed.
4. Maximum number of contract labour to be employed on any day through.
each contractor.
5. Other particulars relevant to the employment of contract labour.
Signature of Registering Officer with Seal.
380 DELHI GAZETTE EXTRAORDINARY [PAR r IV 0 1-1 rn CO „0.
2 V cn z O 0 10 "0 0 CO bo u 1 9
1.4 0 O 1-1 V 0 0 0 0 P ar ti cu la rs A
PART IV] DELHI GAZETTE EXTRAORDINARY 381 FORM IV [See rule z (a)] Application for Licence s. Name and address of the contractor (including his father's name in case of individuals).
2. Date of birth and Age (in case of individuals).
3. Particulars of Establishment where Contract Labour is to be employed
(a) Name and address of the Establishment:
Type of business, trade, industry, mar ufacture of occupation, which is carried on in the establishment:
(c) Number and date of Certificate of Registration of the Establishment under the Act;
(d) Name and Address of the Principal Employer:
4. Particulars of contract labour:—
(a) Nature of work in which contract labpur is employed or is to be employed in the establishment;
(b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending):
(c) Name and Address of the Agent or Manager or Contractor at the work site:
NiLs.
(d) Maximum No. of contract labour proposed to be employed in the establishment on any date:
5. Whether the contractor was connected of any offence within the preceding five years. If so, give details.
6. Whether there was any order against the contractor revoking or suspending Licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order.
7. Whether the contractor has worked in any other establishment within the past five years. If so, give details of the Principal Employer Establishments and nature of work.
8. Whether a certificate by the Principal Employer in Form V is enclosed.
9. Amount of licence fee paid—No. of Treasury Challan and date.
so. Amount of Security deposit—Treasury Receipt No. and date.
Declaration :—I hereby declare that the details given above are correct to the best of my knowledge and belief.
Place: Signature of the applicant Date:— (Contractor) Note —The application should be accompanied by a Treasury Receipt for the appropriate amount and a certificate in Form V from the Principal Employer.
(To be filled in the office of the Licensing Officer) Date of receipt of the application with challan for feesfSccurity Deposit Signature of the Lic 382 DELHI GAZETTE EXTRAORDINARY ;PART IV FORM V [See rule zi(z)] Form of Certificate by Pri•acipal Employer Certified that I have engaged the applicant (name of the Contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Contractor Labour (Regulation and Abolition) Act, 1970 and the Delhi Contractor Labour (Regulation and Abolition) Rules, 1971 in so far as the provisions are applicable to me in respect of the employment of contractor labour by the applicant in my establishment.
Place: Signature of Principal Employer.
Date: Name and address of Establishment.
Fo;:..•t VI [See rule 25(0] DELHI ADMINISTRATION OFFICE OF LICENSING OFFICER Licence No. Dated LICENCE Fee paid Rs Licence is hereby granted to under section 12(1) of the Contract Labour (Regulation and Abolition) Act, 197o, subject to the conditions specified in Annexure.
The Licence shall remain in force till Date Signature and Seal of the Licencing Officer.
RENEWAL (rule 29) Date of Renewal Fee paid for renewal Date of expiry I.
2.
3- Signature and Seal of the Licensing Officer.
Date TART IV1 DELHI GAZE I EXTRAORDINARY 338 ANNEXURE The licence is subject to the following conditions:
r. The licence shall be non-transferable.
2. The number of workmen employed as contract labour in the establishment shall not, on any day exceed
3. Except as provided in the rules the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable.
4. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages Act, 1948, where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.
5. In case 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 establishment, 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 Labour Commissioner, Delhi Administration whose decision shall be final.
6. 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 Labour Commissioner, Delhi Administration.
7. In every establishment where 20 or more women are ordinarily employed as contract labour there shall be proyided 2 rooms of reasonable dimensions, for the use of their children under the age of six years. One of such rooms would be used as ar lay room fOr the children and the other as bed room for the children. For this purpose the contractorshall supply adequate number of toys and games in the play room and sufficient number of cots and beddings in the sleeping'toom. The standard of construction and maintenance of the creches may be such as may be specified in this behalf by the Labour ComMissioner, Delhi Administration.
8. The licence shall notify any change in the number of workmen or the conditions of work to the Licensing Officer.
FORM VII [See rule 29(2)] Application for Renewal of Licences
1. Name and address of the contractor.
2. Number and date of the licence.
3. Date of expiry of the previous licence.
38 4 DELHI GAZETTE EXTRAORDINARY [PA2T,IV
4. Whether the licence of the contractor was suspended or revoked.
s. No. and date of the treasury receipt enclosed.
Date: Signature of the applicant.
(To be filled in office of the Licensing Officer) Date of receipt of the application with Treasury Receipt No. and date.
Signature of the Licensing Officer.
FORM VIII [See rule 32 (2) Application for Temporary Registration of Establishments Employing Contract Labour.
I. Name and location of the Establishment.
2. Postal address of the Establishment.
3. Full name and address of the Principal Employer (Furnish Father's name in the case of individuals).
4. Full name and address of the Manager or person responsible for th e supervision and control of the establishment.
5. Nature of work carried on in the establishment.
6. Particulars of contract lab our :
A. Nature of work in which contract labour is to be employed and reasons for urgency.
B. Maximum number of Contract Labour to be employed on any day C. Estimated date of termination of employment of contract labour.
7. Particulars of Treasury Receipt or the crossed postal order enclosed I hereby declare that the particulars given above are true to the best of say knowledge and belief.
Principal employer Seal and Stamp.
Time and date of receipt of application with Treasury Receipt or the Crossed Postal Order.
Office of the Registering Officer.
PART IV] DELHI GAZETTE EXTRAORDINARY 385 FORM IX [See rule 32(3)1 Date of Expiry Temporary Certificate of Registration.
Date DELHI ADMINISTRATION Office of the Licensing Officer.
A Temporary Certificate of Registration containing the following particulars is hereby granted under sub-section (2) of section 7 of the Delhi Contract Labour (Regulation and Abolition) Act, 5970, and the rules made thereunder, to valid from to
5. Nature of work carried on in the establishment.
2. Nature of work in which contract labour is to be employed.
3. Maximum number of contract labour to be employed on any day.
4. Other particulars relevant to the employment of contract labour.
Signature of Registering Officer with Seal.
FORM X [;See rule 32(2) 1 Application for Temporary Licence-
1. Name and address of the contractor (including his father's name in case of individuals).
2. Date of birth and age (in case of individuals).
3. Particulars of Establishment where Contract labour is to be employed:—
(a) Name and address of the Establishment;
(b) Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment;
(c) Name and address of the Principal Employer.
4. Particulars of Contract Labour :—
(a) Nature of work in wich contract labour is to be employed in th e establishment.
(b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending);
(c) Name and address of the Agent or Manager of Contractor at the work-site;
386 DELHI GAZETTE EXTRAORDINARY LP Aar IV
(d) Maximum No. of contract labour proposed to be employed in the establishment on any day.
5. Whether the contractor was convicted of any offence within the preceding five years. If so, give details.
6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If so the date of such order,
7. Whether the contractor has worked in any other establishment within the past five years. If so, give details of the Principal Employer, Establishments and nature of work.
8. Amount of licence fee paid- No. of Treasure Challan or the crossed Postal Order and date.
9. Amount of security deposit—Treasury Receipt or Crossed Postal Order No. and date.
I hereby declare that the particulars given above are true to the best my knowledge and belief.
Signature of the Ap plicant.
Date : (Contractor).
(To be filled in the office of the Licensing Officer).
Date of receipt of the application with challan for fees/Security Deposit.
Signature of the Licensing Officer.
FORM XI [See rule 32(3) DELHI ADMINISTRATION OFFICE OF THE LICENSING OFFICER Licence No. Dated Fee paid Rs.
Signature of the Licensing Officer.
Temporary Licence. Expires on Licence is hereby granted to under section 12(2) of the Contract Labour (Regulation and Abolition) Act, 1970, subject to the conditions specified in Annexure.
The Licence shall remain in force till Place :
Date : Signature and seal of the Licensing Officer.
PART IV] DELHI GAZETTE EXTRAORDINARY 387 ANNEXTJRE The licence is s.ibject to the following conditions :-
1. The licence shall b e non-transferable.
2. The number of workmen employed as contract labour in the establishment shall not, on any day, exceed
3. Exccpt as provided in the, rules the fees paid for the grant of the licence shall be non-refundable.
4- The rates of wages payable to the workmen by the contractor shall no be less than the rates prescribed for the Schedule of employmen under the Minimum Wages Act, 1948, where applicable, and w her the rates have been fixed by agreement, settlement or award, no less than the rates fixed.
5. In case where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by he principal employer of the establishment, 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 Labour Comrnissionec, Delhi Administration whose decision shall be final.
6. 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 Labour Commissioner, Delhi Administration.
388 DELHI GAZETTE EXTRAORDINARY [PART IV P er io d o f c on tr ac t 0 WI a 0 s.
N a m e a n d a dd re ss o f th e P r i nc ip al E m p lo y e r ad dr es s o f th e e st ab lis hm en t
PART lin DELHI GAZETTE EXTRAORDINARY 389 O 0 E r.14 C) fag 0 O an d a dd re ss Co R eg is te r o f W or km en E m p lo ye d by C on tr ac to r ‘.0 Cr.
N at ur e a nd lo ca tio n o f w or k N am e a nd a d dr es s o f co nt ra c t or 390 DELHI GAZETTE EXTRAORDINARY [PART IV FORM X IV (See rule 76) Employmair Card Name and address of Contractor Name and address or :c.stablishment intander which contract is carried On Nature of work and location of work . Name and address of Principal Employer I. Name of the workman
2. S. No. in the register of workman employed . . . ..............................
3. Naure of employment/ Designation.
4. Wage rate (with particulars of unit, in case of piece-work).
5. Wage period .
6. Tenure of employment
7. Remarks Signature of Contractor.
Foam XV (St-9 rule 77) &mice CertiJlcate Name and address of contractor . ame and address of 'establishment iialtuider which contract is carried on Nature and location of work Name and address of the workmen . Name and address of Principal employer Age or Date of Birh Identification Marks Father's/husband's name
PART IV] DELHI GAZETTE EXTRAORDINARY 391 SI. Total period for Nature of work ':ate of wage (with Remarks No. which employed done particulars of unit in case of piece work) From To 2 3 4 5 6 Signature Foam XVI [See rule 78(2)(a)) Muster Roll Name and Address of Contractor . Name and Address of Establishirient in/under which contract' is eattied on Nature and location of work . . Name and Address of Principal Employer For the month of SI. Name of work- Father's Sex Daes Remarks No. man Husband's name 2 3 4 5 6 0
0.
ri CC R P.4 0 ti
3.4 V V 03 • 0 0 0 0 [ S ee ru le 7 8( 2) (0 1 R eg is te r of W ag es '5!
0 392 DELHI GAZETTE EXTRAORDINARY [Plat IV A m ou nt o f w ag es e ar ne d o um. Etg .g—u 1 O ,.,, ..o 0" 0' .3 4--' o 0 4 m ▪ 4-0 79 _.0 N ---_ u , . . , 0., 9 l'.1 .., 'a 54,4_, ,... i .0' 12 4-1 '0 A 0 .1EI m g.
t' 0 - - •.... .--. 0 L',0 cz 0 id Ay '' -.37.10 F , II 4'5 ̀a E.'" ;'-‘1-• -' .i.J -- a. -E-c9 ,, ...,9 ,6 s E 2.E Zs) 4 uu ..,...
4 0 0 4 4 0 o 0 ▪ 0 0 0 0 z z 0 0 0 0 ° •-• 0 F O R M X V II I F or m o f R eg is te r of W ag es -C um -M u st er R ol l N am e a nd A dd re es o f C on tr ac to r N a tu re a n d lo ca ti on o f w or k V t-t 0 "d ." 44. 0. 0 .0 •••• at 0 'V E0° Z ° 4., A m ou n t o f w ag es e ar n ed
PART ly] DELHI GAZETTE EXTRAORDINARY 393 z
7.=:: 8_ i 20: 8 . 4 :4, 44-4' ?
‘0 .-4 H: a =k.i=4 .4 t1 ---..0 j, A cvt v — 000 a =^ ,..
...0 z 0,..9. co ''' 4 E ''''''' E )4--, ,-, ° 0 0 t') E:1° .1- ).)
0 00 394 DELHI GAZETTE EXTRAORDINARY (PaktiV FORM XIX [See rule 78(2)(b);
Wage Slip Name and Address of Contractor . Name and Father's !Husband's name of the workman Nature and location of work . For the week/Fortnight, Month ending
1. No. of days worked z. No. of units worked in case of pece rate workers
3. Rate of daily wages/piece rate
4. Amount of overtime wages
5. Gross wages payable
6. Deduction,, if any
7. Net amount of wages paid Initials of the Contractor or his representative.
395 PART IV] DELHI GAZETTE EXTRAORDINARY N am e a nd A d d re ss o f C on tr ac to r 0 00 t-- sO 0 en (,1
1.4 CO E 0 ci ` 0) z.
5 .c1 CO y.
0 z N at ur e a nd lo ca ti on o f w or k 396 DELHI GAZETTE EXTRAORDINARY [PARE 1V f=4 2 •C g w ,4.4) k 0 ,Ts 40c4 u N am e an d A dd re ss o f C on tr ac to r N a t ur e a n d l o ca ti o n o f w or k 0 00 N at ur e a n d lo ca ti on o f w or k N am e an d A dd re ss o f C on tr ac to r cn 1:4 0 00 eZ" R eg is te r of A dv an ce s N am e a n d A dd re ss o f P ri nc ip al
PART IV] DELHI GAZETTE EXTRAORDINARY 397 iz CO 0 4r, 0 N at u re a nd lo ca ti on o f w o rk N am e a n d A d d re s s o f C o n tr ac to r 393 DELHI GAZETTE EXTRAORDINARY [PART IV c4 O H V 4" ncj tO td .• • q fa, Ct • 4) >-, 0 fa, V P., 4-4 0 OJ O
1..
V z as N
PART IV) DELHI GAZETTE EXTRAORDINARY 399 - _ Foxm XXIV [See rule 82(I)3 Return to be sent by the Contractor to the Licensing Officer Half Year Ending r. Name and address of the contractor.
2. Name and address of the establishment.
3. Name and address of the Principal Employer
4. Duration of contract : From to
5. No. of days during the half year on which—
(a) the establishment of the principal employer had worked
(b)", the contractors' establishment had worked
6. Maximum number of contract labour employed on any day during th e half year:— Men year:
Women Children Total
7. (i) Daily hours of work and spread over:—
(ii) (a) Whether weekly holiday observed and on what day
(b) If so, whether it was paid for
(iii) No. of man hours of overtime worked ....
8. Number of mandays worked by— Men Women Children Total
9. Amount of wages paid - Men Women Children Total lo. Amount of deduction fi om wages, if any :, Men Women Children Total r. Whether th ono wing have been provided--
(i) Canteen
(ii) Rest Rooms
(iii) Drinking water
(iv) Creches
(v) First Aid (If the answer is yes, state briefly standards provided).
Place :
Date : Signature of Contractor.
DELHI GAZETTE EXTRAORDINARY [PART IV FORM XXV [See rule 82(2)] Annual return •of Principal Employer to be sent to the Registering Officer Year ending 3ist. December r. Full name and address 'of 'the Principal Employer.
2. Name of Establishment
(a) District: -
(b) Postal Address.
(c) Nature of operations/industry/work carried on.
3. Full name of the Manager or person responsible for sopervision and' control of the establish:bent.
4. No. contractors -Who worked in the establishment during the year (Give details in Annexure):
5. Nature of work 'operation on which contract labour was employed.
6. Total number of days during the year on which contract labour was employed.
7. Total number of mandays worked by cobtract labour during the year
8. Maximum No. of workmen employed directly on any day during the year.
9. Total No. of days during the year on wilichdirect labour was employed.
to. Total No. of mandays worked by directly employed workmen.
xi. Change, if any, in the management of the establis ment, its location.
-or any other particulars furnished to the Registering Officer in the applica— tion for Registration indicating also the elates.
Place :
Date :
PrinciPalEmPloyer.
\ 0 ‘t•
PART IVj DELHI GAZETTE EXTRAORDINARY 401 z < G6 CO5 C15 4) CJ "tzl •̀4), 1:3 ta W Z Z 0 0 F 0 ro ca 0 d o • I
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