Rajasthan Contract Labour… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1970
Jurisdiction	State of Rajasthan
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	labour

1 The Rajasthan Contract Labour (Recognition and Abolition) Rules, 1971.

CONSPECTUS Notification Rules :- 1 Short title and commencement

2. Definitions:

(a) Act

(b) Appellate officer

(d) Chairman

(e) Committee

(f) Form

(g) Section

(h) Government

47. Running of canteen

3. Constitution of the Board 48. Accounts to be maintained

4. Terms of office 49. Audit of account

5. Registration 50. Latrines and urinals

6. Cessation of membership 51. Privacy

7. Disqualification of membership 52. Separate latrines for men and women

8. Removal from membership 53. Number of latrines

9. Vacancy 54. Situation and their accessibility

10. Staff 55. Water in latrines

11. Allowance of members 56. Washing facilities

12. Disposal of business 57. First aid Boxes

13. Meetings 58. Equipment in First Aid Boxes.

14. Notice of meetings and list of business 59. Prohibition

15. Quorum 60. Incharge of Boxes

16. Committee of Board 61. Incharge must be trained 16A Notice of meeting 62. Wage period 16B Presiding over meetings of committee 63. Maximum duration 16C Quorum 64. Payment of wages 16D Voting in the Committee 65. Payment of termination 16E Proceedings of the meeting 66. Payment on site

17. Manner of making application for registration of establishments

67. Payment of workers only

18. Grant of Certificate of registration 68. Current money

19. Circumstances in which application for registration may be rejected

69. Deductions

20. Amendment of certificate of registration

70. Notice of payment

21. Application for a license 71. Presence of employer

22. Matters to be taken into account in granting or refusing a license

72. Register for

23. Grant or refusal of a license 73. Register of contractors

24. Security 74. Register of persons employed

25. Form and terms and conditions of license

75. Employment card

26. Fees 76. Service certificate

27. Validity of the license 77. Muster roll, wage registers, deduction registers and overtime register.

28. Amendment of the license 78. Display of abstraction the Act

29. Application for renewals 79. Custody of record 2

30. Issue of duplicate Certificate of registration of license

80. Inspection of

31. Refund of security 81. Statement to be furnished 31A Grant of Temporary Certificate and license

82. Supervisory powers

32. Appeal 68. Current money

33. Procedure for 69. Deductions

34. Dismissal of appeal 70. Notice of payment

35. Rehearing of dismissal 71. Presence of employer

36. Hearing and judgment 72. Register for

37. Payment of fees 73. Register of contractors

38. Copies 74. Register of persons employed

39. Facilities to be provided 75. Employment card

40. Rest rooms 76. Service certificate

41. Canteen 77. Muster roll, wage registers, deduction registers and overtime register.

42. Form of Canteen 78. Display of abstraction the Act

43. Dining Hall 79. Custody of record

44. Equipment 80. Inspection of

45. Prices to be displayed. 81. Statement to be furnished

46. Food stuffs to be served 82. Supervisory powers FORM 1 to XXI (Notification No.GSR.119/F.1(1)(254)Lab/68 dated 10.03.1971, Published in Rajasthan Gazette Part-IV-C, Sub- Part(1), Extraordinary dated 20.03.1971) In exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37), the State Government hereby makes the following rules regulating the employment of contract labour and its abolition in certain circumstances in Rajasthan, the same having been previously published as required by sub-section (1) of Section 35 of the said Act, namely -

CHAPTER 1

1. Short title and commencement.—(1) These Rules may be called the Rajasthan Contract Labour (Regulation and Abolition) Rules, 1971.

(2) They shall come into force at once.

2. Definitions.—In these Rules, unless the subject or context otherwise requires:

(a) “Act” means the Contract Labour (Regulation and Abolition) Act, 1970.

(b) “Appellate Officer” means the Appellate Officer appointed by the State Government under sub-section (1) of section 15.

(d) “Chairman” means the Chairman of the Board.

(e) “Committee” means a Committee constituted under sub-section (1) of section 5.

(f) “Form” means a form appended to these Rules.

(g) “Section” means a section of the Act. :

(h) “Government” and “State” shall respectively means the Government and the State of Rajasthan.

CHAPTER II Board

3. Constitution of Board.—The Board shall consist of the following Members—

(a) a Chairman to be appointed by the State Government,

(b) the Labour Commissioner and Dy. Secretary to the Government ex-officio.

(d) one person representing the Rajasthan Canal Board to be appointed by the State Government after consultation with the Canal Board;

(e) three persons, one representing the employers in P.W.D. (B & R) one representing the employers in Irrigation and one representing contractors to whom the Act applies, to be appointed by the State Government after consultation with such organizations, if any, of the employers and the Chief Engineer, P.W.D. (B & R) who is the principal employing Department for contract labour through the approved contractors,

(f) five persons, one representing the employees in the P.W.D., one representing the employees in the Rajasthan Canal Project one representing the employees in Irrigation, and two representing the employees of contractors to whom the Act applies, to be appointed by the State Government after consultation with such organization, if any, of employees representing the respective interest as may be recognized by the State Government in this behalf.

4. Terms of office.—(1) The Chairman of the Board shall hold office as such for a period of three years from the date on which his appointment is first notified in the Official Gazette. . -

(2) Each of the members of the Board, referred to in clauses (c) and (d) of rule 3, shall hold office as such during the pleasure of the Governor.

(3) Each of the members referred to in clauses (e) and (f) of rule 3 shall hold office as such for a period of three years commencing from the date on which his appointment is first notified in the Official Gazette : —

Provided that where the successor of any such. member has not been notified in the Official Gazette on or before the expiry of the said period of three years, such member shall, notwithstanding the expiry of the period of his office, continue to hold such office until: the appointment of his successor has been notified in the Official Gazette, 4

15. Resignation.—(1) A member of the Board, not an ex-officio member may resign from his office by a letter in writing addressed to the State Government.

(2) The office of such member of the Board shall fall vacant from the date on which his resignation is accepted by the Government, or on the expiry of thirty days from the date of receipt of intimation of resignation whichever earlier.

6. Cessation of membership.—if any member of the Board, not being an ex-officio, member fails to attend three consecutive meetings of the Board, without obtaining the leave of the Chairman for such absence, he shall cease to be a member of the Board :

Provided that the State Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meeting, of the Board, direct that such cessation shall not-take place and on such direction being made, such member shall continue to be a-member of the Board.

7. Disqualification for membership.—(1) A person shall be disqualified for being appointed, and for being a member of the Board -

(i) if he is of unsound mind and stands so declared by a competent court; or

(ii) if he is an undischarged insolvent; or

(iii) if he has been or is convicted of an offence which, in the opinion of the State Government involves moral turpitude.

(2) If a question arises. as to whether a disqualification has been incurred under sub-rule (1) of the State Government shall decide the same.

8. Removal from membership.—The State: Government may remove from office any member of the Board, if in its opinion such a member has cease to represent the interest which he purports to represents on the Board :

Provided that no such member shall be removed unless a reasonable opportunity is given to him of making any representation against the proposed action.

9. Vacancy.—(1) When a vacancy occurs or is likely. to occur in the membership of the Board, the Chairman shall submit a report to the State Government and on receipt of such report, the State Government shall take steps to fill the vacancy.

(2) If any vacancy occurs in the membership of the ‘Board by reason of death of or resignation by, a member, the vacancy caused thereby shall be filled by the State Government by making an appointment from amongst the category of persons to which the deceased or the resigned member, as the case may be, belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.

________________________________________

1.Substituted by Notification No. G.S.R 32/F1(1) (254)Lab./68, dated 10-5-1974, published in Rajasthan Gazette, Part IV-C, sub-part (I),Extraordinary, dated 18-5-1974.

10. Staff—(1) (i) The State Government may appoint one of its officials as Secretary to the Board and appoint such other staff as it may think necessary to enable the Board to carry out its functions.

(ii) The salaries and allowances payable to the staff and the other conditions of service of such staff shall be such as may be decided by the State Government.

(2) The Secretary—

(i) shall assist the Chairman in convening meetings of the Board;

(ii) may attend the meetings but shall not be entitled to vote as such meetings;

(iii) shall keep a record of the minutes of such meetings; and ,

(iv) shall take necessary measures to carry out the decisions taken at the meetings of the Board.

11. Allowances of members.—(1) The travelling allowance of an official member shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.

(2) The non-official members of the Board shall be paid travelling allowance for attending the meeting of the Board at such rates as are admissible to Grade Officers of the State Government and daily allowance shall be calculated at the maximum rate admissible to Grade Officers of the State Government in their respective places.

12. Disposal of business.—Every question which the Board is required to take into consideration shall be considered at a meeting, or, if the Chairman so directs, by sending the necessary papers to every member for opinion, and the question shall be disposed of In accordance with the decision of the majority:

Provided that in the case of equality of votes, the Chairman shall have a second or a Casting vote.

1Explanation. —"Chairman” for the purposes of this rule - shall include the Chairman nominated under R. 13 to preside over a meeting.

13. Meetings.—(1) The Board shall meet at such places and times as may be specified by the Chairman.

(2) The Chairman shall preside over every meeting of the Board at which he is present and in his absence a member elected by those present at the meeting shall preside over such meeting.

___________________________________________

1.Incerted by Notification No. G.S.R 32/F1(1) (254)Lab./68, dated 7-2--1972, published in Rajasthan Gazette, Part IV-C, (I),Extraordinary, dated 11-7--1974.

14. Notice of meetings and list of business.(1) Ordinarily seven days’ notice shall be given to the member of a proposed meeting.

(2) No business which is not on the list of business for a meeting shall be considered at that meeting without the permission. of the Chairman.

15. Quorum.—No business shall be transacted at any meeting unless at least four members are present :

Provided that if at any meeting less than four members are present, the Chairman may adjourn the meeting to another date informing members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for. him to dispose of the business at the adjourned meeting irrespective of the number of members attending.

16. Committees of the Board.—(1) (i) The Board may constitute such Committees and for such purpose or purposes as it may think fit.

(ii) While constituting the Committee the Board may nominate one of its members to be the Chairman of the Committee.

1[(2) The Committee shall meet at such times and places as the Chairman of the said Committee may decide.

(3) The provisions of rule 11 shall apply to the members of the Committee for attending the meetings of the Committee as they apply to the members of the Board.

16-A. Notice of the meetings.—A notice of the date, time and place of the meeting, along with the agenda for the meeting shall be sent to each member, by registered post at least fifteen days before the date fixed for such meeting :

Provided that in the case of an emergent meeting such notice and the agenda for the meeting shall be sent at least seven days before the date fixed for such meeting. :

16-B. Presiding over meeting of the Committee.—The Chairman of the Committee shall preside at every meeting of the Committee at which he is present and in his absence, the members present shall elect one amongst them to preside at that meeting.

16-C. Quorum.—(1) The quorum to constitute a meeting of a committee shall be not less than one third of the total number of members of the Committee.

__________________________________________

1.Substituted and Incerted by Notification No. G.S.R 32/F1(1) (254)Lab./63, dated 10-5--1974, published in Rajasthan Gazette, Part IV-C, ,Extraordinary, dated 18-5--1974.

(2) If at any time fixed for a meeting of the Committee or if any time during any such meeting, there is no quorum, the Chairman of the Committee shall either adjourn the meeting until there is quorum or adjourn the meeting to some future day.

(3) When the meeting has been adjourned in pursuance of sub-rule (2) on two successive dates fixed for the meeting of the Committee, it will be lawful to dispose of at the next adjourned meeting the business intended to be transacted at the original meeting, irrespective of the number of members of the Committee present at such meeting:

16-D. Voting in the Committee.—(1) All questions at meeting of the Committee shall be determined by a majority of votes of the members present and voting.

(2) In the case of an equality of votes on any matter, the Chairman or a the person acting as such, shall have a second or casting vote.

(3) Voting shall be by show of hands.

16-E. Proceedings of the meeting.—(1) The proceedings-of each meeting showing inter alia the names of the members present thereat shall be forwarded to each member and to the Board soon after the meeting as possible and in any case, not less than seven days before the next meeting.

(2) The proceedings of each meeting shall be confirmed with such modification, if any, as may be considered necessary at the next meeting.

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, in Form No.1 to the registering officer of the area in which the establishment sought to be registered is located and shall contain the particulars specified in sub-rule (2) of rule 18.

(2) The application referred to in sub-rule (1) shall be accompanied by a treasury receipt 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 subsection (2) of section 7 shall be in Form No. 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 employed as contract labour 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 No. If 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 fifteen 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 may be rejected.—(1) 1f any application for registration is not complete in all respects, 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 deposit 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 treasury receipt 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 No. Ill he shall amend the said register 1[and record therein and in the certificate of registration in Form No. Ill the change which has occurred :

___________________________________________

1.Substituted vide Notification No. G.S.R 32/F1(1) (254)Lab./68, dated 10-5-1974, published in Rajasthan Gazette, Part IV-C, Sub part (I) ,Extraordinary, dated 18-5--1974.

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 No. Ill unless the appropriate fees have been deposited by the principal employer.

21. Application for a license.—(1) Every application by 4 contractor for the grant of a license shall be made in triplicate, in Form No. IV, to the licensing 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 license shall be accompanied a - by a certificate by the principal employer in Form No. V to the effect that the applicant has establishment and that he undertakes to be bound by ail the pro-visions of the Act and the rules made there under 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 treasury receipt showing

(i) the deposit of the security at the rates specified in 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 license.—In granting or refusing to grant a license, 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 which, in the opinion of the State 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 the establishment in relation to 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. Grant of refusal of licence.—1[(1) On receipt of the application from the contractor and as soon thereafter as possible, the licensing officer shall investigate or cause investigation to be made and satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for a license.

(2) (i) Whether the licensing officer is of opinion that the license 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.—Before a license is issued, an amount calculated at the rate of Rs. 30/- for each of the workmen to be employed as contract labour, in respect of which the application for license has been made, shall be deposited by the contractor for due performance of the conditions of the license and compliance with the provisions of the Act or the rules made there under:.

2[Provided that where the Contractor is a Co-operative Society, the amount deposited as security shall be at the rate of Rs. 5/- for each of the workmen to be employed as a contract labour.

25. Form and terms and conditions of license.—(1) Every license granted under rule 23 shall be in Form No. VI.

(2) Every license granted under rule 23 or renewed under rule 29 shall be subject to the following conditions, namely

(i) the license 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 license.

(iii) Save as provided in these Rules, the fees paid for the grant, or as the case may be, for renewal of the license 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 Central Act 11 of 1948) for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed;

___________________________________________

1.Substituted vide Notification No. G.S.R 32/F1(1) (254)Lab./68, dated 10-5-1974, published in Rajasthan Gazette, Part IV-C,Sub part(I) ,Extraordinary, dated 18-5--1974.

2.Added by Noti. ibid.

(v) (a) in cases where the workmen employed by the contractor perform the same kind of work as the workmen directly employed by the principal employer of the establishment, the hours of work and other conditions of service of the workmen of the contract shall be the same as applicable to the workmen directly employed by the principal employer of the establishment;

(b) in other cases the 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 and Deputy Secretary to the Government of Rajasthan.

Explanation.—While determining the hours of work and other conditions of service under (b) above, the Labour Commissioner and Dy. Secretary shall have due regard to the hours of work and other conditions of service obtaining is similar employments.

(vi) (a) in every establishment where twenty or more women are ordinarily employed as a contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years.

(b) One of such rooms shall be used as a play room for the children and other as bed room for the children.

(c) The contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and beddings in the sleeping room.

(d) The standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Labour Commissioner and Deputy Secretary to the Government of Rajasthan.

(viii) The license shall notify any change in the number of workmen or the conditions of work to the licensing officer.

26. Fees. - (l) The fees to be paid for the grant of a certificate of registration under section 7 shall be as specified below namely:-

(i) If the number of workmen proposed to be employed on contract on any day-

(a) is 20 Rs. 20/-

(b) exceeds 20 but does not exceed 50 Rs. 50/-

(d) exceeds 100 but does not exceeds 200 Rs. 200/-

(e) exceeds 200 but does not exceeds 400 Rs. 400/-

(f) exceeds 400 Rs. 500/-

(2) The fees to be paid for the grant [or] renewal 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. 5.00

(b) exceeds 20 but does not exceeds 50 Rs. 12.00

(d) exceeds 100 but does not exceeds 200 Rs. 50.00

(e) exceeds 200 but does not exceeds 400 Rs. 100.00

(f) exceeds 400 Rs. 125.00 12 1[(3) For the year 1971, the fee as prescribed under sub-rule (2) shall be charged proportionately for three months.]

27. Validity of the licence. - Every licence granted under rule 23 or renewed under rule 29 shall remain in force up to 31st December of the year for which the licence is granted or renewed.

28. Amendment of the licence. - (1) A licence issued under rule 23 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 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 treasury receipt for the amount, 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 treasury receipt 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. Renewals.—(1) Every contractor shall apply to the licensing officer for renewal of the license before its validity expires.

(2) Every such application shall be in Form No. VII in triplicate and shall be made not less than sixty days before the date on which the. license expires, and if the application is so made, the license shall be deemed to have been renewed until such date when the renewed license is issued.

(3) The fees chargeable for renewal of the license shall be the same as for the grant there of:

Provided that if the application for renewal is not received within the time specified sub-rule

(2) a fee of 25 per cent in excess of the fee ordinarily payable for the license 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 license.—Where a certificate of registration or a license 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 license the contractor may, if he does not intend to have his license renewed, make an a application to the Licensing Officer for the refund of the security deposited by him under rule 24.

________________________________________

1.Substituted vide Notification No. G.S.R 23/F1(1) (254)Lab./68, dated 7-7--1972, published in Rajasthan Gazette, Part IV-C,(I) ,Extraordinary, dated 11-7--1972.

(ii) If the Licensing Officer is satisfied that there is no breach of the conditions of license 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.

131A. Grant of temporary certificate of registration and license- (1) Where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to fast 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 license 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 license shall be made in triplicate in Forms VII-A and VII-C respectively and shall be accompanied by a treasury receipt or a crossed postal order drawn in favor of the appropriate Registering or Licensing Officer, as the case may be, showing the payment of appropriate fees and in the case of license the appropriate fees and in the case of license 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 VII-B or a license in Form VII-D, as the case may be, for a period of not more than fifteen days.

(4) Where a certificate of registration or license 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:— _______________________________________________

1. Incerted by Notification No. G.S.R 23/F1(1) (254)Lab./68, dated 7-7--1972, published in Rajasthan Gazette, Part IV-C, ,Extraordinary, dated 11-7-1972.

14 If the number of workmen proposed to be employed on contract on any day—

(a) exceeds 20 but does not exceed 50 10.00

(b) exceeds 50 but does not exceed 200 20.00

(7) The fees to be paid for the grant of a licence under sub-rule (3) shafl be as specified below :— If the number of workmen to be employed by the contractor any day—

(a) exceeds 20 but does not exceed 50 5.00

(b) exceeds 50 but does not exceed 200 20.00

(8) The provisions of rule 23 and rule 24 shall apply to the refusal to grant registration or to grant license under sub-rule (4) and sub-rule (3) respectively.

NOTES DETAIL OF FORMS

(1) The application for registration of establishments shall be made in form no. 1 [Rule 17 (1)]

(2) The certificate of registration shall be granted in form no. 2. (Rule 18 (1)]

(3) Any change in the certificate of registration shall be recorded in form no. 3. [Rule 18 (3)]

(4) Application for a license shall be made in form no. 4. [Rule 21 (1)).

(5) The principal employer shall issue a certificate that he have engaged the applicant as a contractor in his establishment in form no. 5[Rule 21 (2)].

(6) Every license shall be granted in form no. 6. [Rule 25 {1)].

(7) Every application for renewal of license shall be in form no. 7. [Rule 29 (2)].

(8) Any application for temporary registration of establishment shall be made in form no. 7A, [Rule 31-A (2)].

(9) Any such temporary certificate Shall be granted in form no. 7B. [Rule 31-A (3)]]

(10) Application for temporary license shall be made in form no. 7C. [Rule 31-A (2)].

(11) Any such temporary license shall be granted in form no. 7 D. [Rule 31-A (3)].

(12) Every principal employer shall maintain a register of contractors in form no. 8 [Rule 73].

(13) Every contractor shall maintain a register of contract labour in form no. 9. [Rule 74].

(14) Every contractor shall issue an employment card to each worker on the 1st day of the employment in form no. 10. [Rule 75].

(15) On termination of service the contractor shall issue a service certificate, to such workman whose services have been terminated, in form no. 11. [Rule 76). |

(16) Every contractor shall maintain a muster roll register and register of wages in form nos. 12 and 13 respectively. [Rule :77 (2) (a)].

(17) Where the wage period is one week or less, a combined muster Roil cum wages register in form no.14 shall be maintained by the Contractor. [Rule 77 (2) (a)].

(18) Every contractor shall issue wage slips to the workers, at least a day prior to the disbursement of wages, in form No. 15 [Rule 77 (2) (b)].

(19) Registers of deductions for damage or loss, register of fines and register of advances shall be maintained by every contractor in form no’s. 16,17 and 18 respectively. [Rule 77 (2)(d)}.

(20) A register of overtime shall be maintained by every contractor in form No. 19.

[Rule 77 (2) (e)].

(21) Every contractor shall send half yearly return in form no. 20, so as to reach the licensing officer not later than 30 days from the close of the quarter. [Rule 81 (1)).

(22) Every principal Employer of a registered establishment shall send annually return in form no. 21,s0 as to reach the registering officer not later than the 15th February following the end of the year to which it relates. [Rule 81 (2)].

CHAPTER IV Appeals and Procedure

32. Appeals.—(1) (i) Every appeal under sub-section (1) of sec. 15 shall be preferred in the form of a memorandum signed by the appellant or his authorized 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 treasury receipt of rupees ten.

(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.

33. Procedure.—(1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of rule 32 it may be rejected or re-turned 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 reasons 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.

34. Dismissal of appeal.—if the date fixed for hearing , the appellant does not appear, the Appellate Officer may dismiss the appeal for the default of appearance of the appellant.

35. Rehearing on dismissal.—(i) Where an appeal has been dismissed under rule 24 the appellant may apply to the Appellate Officer for the readmission 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 for time for sufficient reason, be made within 30 days of the date of dismissal.

36. Hearing & Judgment.—(1) !f the appellant is present when the appeal is called on for 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.

(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 or the Licensing Officer from whose order the appeal has been preferred.

37. Payment of fees.—All fees to be paid under these Rules shall be a paid in the local 17 treasury under the head of account. 1{XXX|!—Miscellaneous Social and Development Organization (ka) Labour & Employment—5 Fees realized under the Contract Labour (Regulation & Abolition) Act,.1970] and receipt obtained which shall be submitted with the application or the memorandum of appeal as the case may be.

38. Copies.—Application for the copies of the order of the Registering Officer, Licensing Officer or the Appellate Officer can be obtained on payment of fees of rupees two for each order and on an application specifying the date of the order, made to the officer concerned.

CHAPTER V Welfare and Health of Contract Labour

39. Facilities to be provided.—(1) The facilities required to be provided under sections 18 and 19 of the Act, namely sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities, stall be provided by the contractor in the case of the existing establishments within thirty days of the commencement of these Rules and the case of new establishments within thirty days of the commencement of the employment of contract labour therein.

(2) If any of the facility mentioned in sub-rule (1) is not provided by the contractor within the period prescribed the same shall be provided by the principal employer within fifteen days of the expiry of the period laid down in the said sub-rule.

40. Rest rooms etc.—(1) In every place wherein contract labour is required to halt at night in connection with the working of the establishment to which the Act applies and in which employment of contract labour is likely to continue for 3 months or more the contractor shall provide and maintain rest room or other suitable alternative accommodation within fifteen days of the coming into force of the rules in the case of existing establishments, and within fifteen days of the commencement of the employment of contract labour in new establishments.

(2) If the amenity referred to in sub-rule (1) is not provided by the contractor within the period prescribed. the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in the said sub-rule.

(3) Separate rooms shall be provided for women employees.

(4) Effective and suitable provisions shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and.

maintained sufficient and suitable natural or artificial lighting.

(5) The rest room or rooms or other suitable alternative accommodation shall be of such _________________________________________________

1. Incerted by Notification No. F1(1) (254)Lab./68, dated 3-9-1971, published in Rajasthan Gazette, Part 5(gha), , dated 16-9-1971 p.24.

18 dimensions so as to provide 4 space of 3mx2m for each person making use of the rest room.

(6) The restroom or rooms or other suitable alternative accommodation shall be so constructed as to afford adequate protection against heat, wind, rain and shall have smooth, hard and impervious surface.

(7) The restroom or other suitable alternative accommodation shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water.

41. Canteen.—(1) In every establishment to which the Act applies and wherein work regarding the employment of contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rules in the case of the existing establishments and within sixty See days of the commencement of the employment of contract labour in the case of new establishments.

(2) If the contractor fails to provide the canteen with the time laid down, the same shall be provided by the principal employer within sixty days of a the expiry of the time allowed to the contractor.

(3) The canteen shall be maintained by the contractor or principal employer, as the case may be in an efficient manner.

42. Form of Canteen.—(i) The canteen shall consist of at least a dining hall, kitchen, store room, pantry and washing places separately for workers and for utensils.

(2) (i) The canteen shall be sufficiently lighted at all times when any person has access to it.

(ii) The floor and inside walls shall be made of smooth and-impervious material and inside walls shall be lime-washed or colour-washed at least once in each year :

Provided that the inside walls of the kitchen shall be lime-washed every four months.

(3) (i) The precincts of the canteen shall be maintained in aclean and sanitary condition.

(ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so. as to cause a nuisance. :

(iii) Suitable arrangements shall be made for the collection and disposal of garbage.

43. Dining hall.—(i) The dining hall shall accommodate at a time at least 50 per cent of the contract labour working at a time.

(2) The floor area of the dining hail, excluding the area occupied by the service counter and any furniture except tables and chairs shall be not fess than one square meter per diner to be accommodated as prescribed in sub-rule (1).

(3) (i) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers, in proportion to their number.

(ii) Washing places for women shall be separated and screened to secure privacy.

(4) Sufficient tables, stools, chairs, or benches shall be available for the Se number of diners to be accommodated. as prescribed in sub-rule (1).

44. Equipment.—(1) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.

(ii) Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained,

(2) (i) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.

(ii) A service counter, if provided, shall have atop of smooth and impervious material.

(ili) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensil and equipment.

45. Prices to be displayed.—The charge per: portion of food stuff, beverages and any other item served in the canteen shall be conspicuously displayed in the canteen.

46. Food stuffs to be served.—The food stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

47. Running of canteen.—The canteen shall be run on no-profit no loss basis provided that the following items shall not be taken into consideration as expenditure, namely—

(a) the rent for the land and building;

(b) the depreciation and maintenance charges for the building and equipment provided for in the canteen;

(d) the water charges and other charges incurred for lighting and ventilation;

(e) the interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.

48. Accounts.—The books of accounts and registers and other documents used in connection with the running of the canteen shall be produced on demand to an Inspector.

49. Audit of Accounts.—The accounts pertaining to the canteen shall be audited once every 12 months by registered accounts and auditors.

50. Latrines and Urinals.—Latrines shall be provided in every establishment coming within the scope of the Act on the following scale, namely—

(a) where females are employed, there shall be at least one latrine for every 20 females;

(b) where males are employed, there shall be at least one latrine for every 20 males:

Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for every 20 males or females, as the case may be up to the 1st hundred, and one for every 30 thereafter.

51. Privacy.—Every latrine shall be under cover and sq partitioned off as to secure privacy, and shall have a proper door and fastenings.

52. Separate Latrines.—(1) Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers “For men Only” or “For Women Only,” as the case may be.

(2) The notice shall also bear the figure of a man or of a woman as the case may be.

53. Number of Latrines.—There shall be at least one urinal for male workers up to fifty and one for female workers up to 50 employed at a time:

Provided that where the number of male or female workmen, as the case may be, exceed 500 it shall be sufficient if there is one urinal for every 50 males or females up to the first 500 and one for every 100 or part thereof thereafter.

54, Situation & their accessibility.—(1) The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment.

(2) (i) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times.

(ii) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the public health authorities.

55. Water In latrines.—Water shall be provided by the means of tap : or otherwise so as to be conveniently accessible in or near the latrine and urinals.

86. Washing facilities. —(1) In every establishment coming within the Scope of the Act adequate and suitable facilities for washing shall be provided and maintained for the use of contract labour employed therein.

(2) Separate and adequate screening facilities shall be provided for the use of male and female workers.

(3) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

(4) The washing facilities shall include the provision of adequate number of buckets and tumblers or mugs and water supply at the rate of 20 liters day for each workman employed.

57. First aid box.—In every establishment coming within the scope of the Act there shall be provided and maintained so as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.

58. Equipment in Boxes.—(1) The first-aid box shall be distinctively marked with a red cross on a white ground and shall contain the following equipment namely — 21

(a) For establishments in which the number of. contract labour employed does not exceed fifty—Each first-aid box shall contain the following equipment :—

(i) 6 small sterilized dressings.

(ii) 3 medium size sterilized dressings.

(iii) 3 large size sterilized dressings.

(iv) 3 large sterilized burn dressings.

(v) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.

(vi) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label.

(vii) 1 snake-bite lancet.

(viii) 1 (30 gms.) bottle of potassium permanganate crystals.

(ix) 1 pair scissors.

(x) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institute, Government of India.

(xi) A bottle containing 100 tablets (each of & grains) of aspirins,

(xii) Ointment for burns.

(xiii) A bottle of suitable surgical anti-septic solution.

(b) For establishment in which the numbers of contract labour exceed fifty each first-aid box shall contain the following equipment :—

(i) 12-small sterilized dressings.

(ii) 6 medium size sterilized dressings.

(iii) 6 large size Sterilized dressings.

(iv) 6 large size sterilized burn dressings.

(v) 6 (15 gms.) packets sterilized cotton wool.

(vi) 1 (60 mi.) bottle containing a two per cent alcoholic solution iodine.

(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the lable.

(viii) 1 roll of adhesive plaster.

(ix) A snake-bite lancet.

22 (x ) 1 (30 gms.) bottle of potassium permanganate crystals.

(xi) 1 pair scissors. :

(xii) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour Institute, Government of India,

(xiii) A bottle containing 100 tablets (each of § grains) of aspirins.

(xiv) Ointment for burns.

(xv ) A bottle of a suitable surgical anti-septic solution.

(2) Adequate arrangement shall be made for immediate, recoupment of the equipment when necessary.

59. Prohibition.—Nothing except the prescribed contents shall be kept, in the First-Aid box.

60. In charge of box.—The First-Aid Box shall be kept in charge of a Separate responsible person who shall always be readily available during the working hours of the establishment.

1. In charge must-be trained.—A person in charge of the First-Aid Box shall be a person trained in first-aid treatment, in establishment where the number of contract labour employed is 150 or more.

CHAPTER VI Wages

62. Wage period.—The contract shall fix wage periods in respect of which wages shall be payable.

63. Maximum duration.—No wage period shall exceed one month.

64. Payment of wages.—Wages of every worker shall be paid within three days from the end of the wage period in the case the wage period is one week or a fortnight and in all other cases before the expiry of the tenth or the seventh day from the end of the wage period according as the number of workers employed in such establishment does or does not exceed a thousand.

65. Payment of termination.—Where employment of any worker is terminated by or on behalf of the contractor, the wages earned by him shall be paid before the expiry of the day succeeding the one on which his employment is terminated.

66. Payment on site.-All payments of wages shall be made on a working day at the work site and during the working time and on a date notified in advance. In case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day.

67. Payment to workers only.—Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf.

68. Current money.-All wages shall be paid in current coin or currency or in both.

69. Deductions.—Wages shall be paid without any deductions of any kind except those specified by the State Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 (Central Act 4 of 1936.)

70. Notice of payment.—A notice showing the wage period and the place and time of disbursement of wages shall be displayed at. the place of work and a copy sent by the contractor to the principal employer under acknowledgement.

71. Presence of Employer.—The principal employer shall ensure the Presence of his authorized representative at the place and time disbursement of wages by the contractor to workmen. It shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorized representative.

72. Register for.—(i) Entries denoting to time and place of payments of wages and the payments actually made shall be made in the register of wages simultaneously as the payments are made.

(ii) The authorized reprehensive of the principal employer shall affix his initials against each entry and further record a certificate at the end of the entries in the following form:

“Certified that the amount shown in column No. has been paid to the work man concerned in my presence.”

CHAPTER VIE Registers and Records and Collection of Statistics.

73. Registers of contractor.—Every principal employer shall maintain in respect of each registered establishment a register of contactors in Form No. VIII.

74. Register of persons employed.—Every contractor shall maintain in respect of each registered establishment where he employs. contract labour a register in Form No. IX.

75. Employment Card.—(i) Every contractor shall issue an employment card in Form No. X to each worker on the first day of the employment of the worker.

(ii) The contractor shall ensure that the worker carries his employment card with him when employed on work.

(iii) The card shall be maintained up-to-date and any change in the particulars entered therein.

76. Service Certificate.-On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form No. Xi.

77. Muster Roll, Wages Registers, Deduction Register and Overtime Register.—(1) {n respect of establishments, which are governed by the Payment of Wages Act and the rules made there under, or the Minimum Wages Act or the rules made thereunder, the following registers.

and.records required to be maintained by the contractor as employer under those Acts, and the 24 rules 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;

(d) Register of Overtime;

(e) Register of Fines;

(f) Register of Advances.

(2) In respect of establishments not covered under sub-rule (1), the following provisions shall apply, namely:

(a) Every contractor shall maintain a Muster Roll Register and Register of Wages in Form No.

XII and Form No. XIll respectively :

Provided that a combined muster roll-cum-wages register in Form XIV shall be maintained by the contractor where the wage-period is One week or less.

(b) Every contractor shall issue wage slips in Form XV to the workers at least a day prior to the disbursement of wages.

(c) Signature of thumb-impression of every worker on the register of wages or wages-cummuster 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 authorized representative of the principal employer as required by rule 72.

(d) Registers of Deductions, Fines and Advances Registers of Deductions for damage or loss, Register of Fines and Register of Advances shall be maintained by every contractor in. Forms. XVI, XVII and XVII respectively.

(e) Register of Overtime.—A register of Overtime shall be maintained by every contractor in Form XIX to record therein number of hours and wages paid for overtime work, if any 1(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 there under or any other laws or regulations, or in cases where mechanized pay rolls are introduced for better administrative, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Labour Commissioner, Rajasthan.

78. Display of Abstract of the Act.—Every contractor shall display an abstract of the Act and rules in English and. Hindi, in such form as may be approved by the Labour Commissioner and Deputy Secretary to Government of Rajasthan.

______________________________________________

1. Incerted by Notification No. G.S.R 23/F1(1) (254)Lab./68, dated 7-7--1972, published in Rajasthan Gazette, Part IV-C, ,Extraordinary, dated 11-7-1972.

79. Custody of Record.—(1) All registers and other records required to be maintained under the Act and rules, 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 radius of three kilometers.

(2) Such registers 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 before the Inspector or any other authority under the Act or any person authorised in that behalf by the State Government.

1 (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 including also in. precise terms the wage period to which the ‘nil’ entry relates, in the respective registers, maintained in Forms XVI, XVII, XVIII, and XIX respectively.

80. Inspection of.—(1) (i) Notice showing the rates of wages, hours of work, wage periods, dates of payment of wages, name and addresses of the Inspectors having jurisdiction, and date or payment of unpaid wage, shall be displayed in English and in Hindi 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 Inspector and whenever any changes occur the same shall be communicated to him forthwith.

81. Statements to be furnished.—(1) Every Contractor shall send half yearly return in Form XX (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the quarter.

Note:— Quarter for the purposes of this rule means ‘a period of 3 months commencing from the 1st January, 1st April, 1st July and 1st October of every year.

(2) Every principal employer of a registered establishment. shall send annually a return in Form XXI (in duplicate) so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates.

82. Supervisory powers.—(1) The Board, Committee, Labour Commissioner & Deputy Secretary, Government of Rajasthan 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) Any person called upon to furnish the information under sub-rule (1) shall be legally bound to do so.

__________________________________________________

1. Incerted by Notification No. G.S.R 23/F1(1) (254)Lab./68, dated 7-7--1972, published in Rajasthan Gazette, Part IV-C, ,Extraordinary, dated 11-7-1972.

26 FORM I [See rule 17 (I)] Application for Registration of Establishments Employing Contract Labour

1. 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. Particulars of contractors and contract labour:

Name and addresses of Contractors Nature of work in which contract labour is employed or is to be employed each contractor Maximum number of contract labour to be employed on any day through Estimated date of termination of employment of contract labour 1 2 3 4 1 2 3

6. Particulars if Treasury Receipt enclosed .............................................................

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 Time and Date of receipt of application with Treasury Receipt No. and Date.

Signature of Registering Officer 27 FORM Il [See rule 18(1)] Certificate of Registration GOVERNMENT OF RAJASTHAN OFFICE OF THE REGISTERING OFFICER A Certificate of Rajasthan containing the following particulars is hereby we granted under sub-section (2) of section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, and the rules made there under, to :— Name and addresses of Contractors Nature of work in which contract labour is employed or is to be employed each contractor Maximum number of contract labour to be employed on any day through Estimated date of termination of employment of contract labour 1 2 3 4 1 2 3 Signature of Registering Officer with Seal PIECE ...................

DALE.................

FORM III [See rule 18 (3)] Register of Establishments Si.

No.

Registration Certificate No.

Name and address of the establishment registered Name of the Principal employer and his address Total No. of workmen directly employed 1 2 3 4 5 Particulars of Contractor and Contract Labour Name and address of contractor Nature of work in which con- tract labour is employed or is to be employed Maximum No of contract labour to be employed on any day through each contractor Estimated date of termination of employment of contract labour Remarks 6 7 8 9 10 28 FORM IV [See rule 27 (1)] Application for License

1. Name and address of the contractor (including his father’s name)...............

2. Particulars of Establishment or Establishments. where contract labour is to be employed :

Name and address of the Establishment No. and date Certificate of Registration of Establishment under the Act.

name and address of the Principal Employer Nature of process, operation or work in which Establishment is engaged.

1 2 3 4 nature of process, operation of work for which contract labour is to be employed in the Establishment Duration of the proposed contract work (give proposed date of commencing and ending) name and address of the Agent or Manager of contractor at the work Establishment Maximum no. of employees proposed to the employed as contract labour in the Establishment 5 6 7 8

3. Whether the contractor has worked in any other Establishment within the past five years. (If so, details of the Principal Employer, Establishment and nature of work.)

4. The estimated value of the contract work. :

5. Number and date of the Treasury Receipt enclosed.

Declaration—hereby declare that the details given above are correct to the best of my knowledge and belief.

Signature of the Applicant.

(Contractor) PLACE ..............

Date .................

Note.—The application should be accompanied by a Treasury Receipt and Certificate in Form V from each of the Principal Employers.

(To be filled in office of the Licensing Officer) Date of receipt of the application with challan for fees/secutity deposit.

Signature of the Licensing Officer, = 29 FORM V [See rule 21(2)] Form of Certificate by Principal Employer Certified that | have engaged the applicant as a contractor in my Establishment. I undertake to be bound by ail the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour Regulation and Abolition) Rajasthan State Rules, 1970, in respect of the employment of contract labour by the applicant in my Establishment.

PIBCE ..................... Signature of Principal Employer Date .............. Name and address of Establishment FORM VI [See rale:25 (1)] GOVERNMENT OF RAJASTHAN OFFICE OF LICENSING OFFICER License No....... Dated... Fee paid ..................

License License is hereby granted to .......................................... section 12 (2) of a the Contract Labour (Regulation and Abolition) Act, 1970, ‘subject to the conditions specified in ‘Annexure.

The license shall remain in-force Till .................

Date .................. Signature and Seal of the Licensing Officer Renewal Rule (29) Date of Renewal Fee paid for renewal Date of Expiry

Signature and Seal of the Licensing Officer 30 ANNEXURE The License is subject to the following conditions :—

1. The license 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 contract or 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 rate fixed.

5. In cases where the workmen employed in the contractor perform the same kind of work as the workmen directly employed by the principal employer of the establishment, the hours of work and other conditions. of service of the workmen the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment.

6. In other cases the hours of work and conditions of service of the workmen of contractor shall be such as may be specified in this behalf by the Labour Commissioner and Deputy Secretary to Government of Rajasthan.

7. In every establishment where 20 or more women are ordinarily employed as contract labour there shall be provided 2 rooms: of reasonable dimensions tor the use of their children under the age of six years. One of such rooms would be used as a play room for the children and the other as bed room for the children. For this purpose the contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and bedding in the sleeping room. The standard of construction and maintenance of the creches may be such as may be specified in this behalf by. the Labour Commissioner and Deputy Secretary to Government of Rajasthan.

8. The license shall notify and change in the number of workmen or the conditions of work to the Licensing Officer.

FORM VII [See rule 29 (2)] Application of Renewal of License

1. Name and address of the contractor.

2. Number and date of license.

3. Date of expiry of the previous license.

4, Whether the license of the contractor was suspended or revoked

5. No. and date of the treasury receipt enclosed.

Place ...................... Signature of the applicant.

Date ..........................

(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.

31 FORM VII-A [See rule 37-A (2) ] Application for Temporary Registration of Establishment Employing Contract Labour

1. Name and Location of the Establishment.

2. Postal address of the Establishment.

3. Full name and address of the Principal Employer (furnished 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 Contract Labour :

(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.

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 my knowledge and belief.

Principal Employer Seal and Stamp Time and date of receipt of application with Treasury Receipt or the Cross Postal Order. . a | Office of the Registering Officer 32 FORM VII-B [See rule 31-A(3)] Temporary Certificate of Registration Date of Expiry ......................

No. Date .................

GOVERNMENT OF RAJASTHAN OFFICE OF THE LICENSING OFFICER A Temporary Certificate of Registration containing the following particulars is hereby granted under sub-Sec. (2) of section 7 of the Contract Labour (Regulation and Abolition Act, 1970, and the rules made there under to ........................................................................................................

................................................................................................................................................................

...................................... Valid from ....................................... to .................................

1. 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

1. Forms Nos. VII to VII-D. Inserted by Notification No. G.S.R. 23/F: 1(1) (254) /Lab. /68, dated 7-7- 1972, published in Rajasthan Gazette, Part IV-C, Extraordinary dated 11-7 -1972.

33 FORM VII-C [See rule 31-A (2) ] Application for Temporary License

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.

4. Particulars of contract labour:—

(a) Nature of work in which contract labour is to be employed in the Establishment.

(b) Duration of the proposed contract work (give particular of proposed date of commencing and ending.

(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 license of 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, Establishment and nature of work.

8. Amount of license fee paid—No. of Treasury Challan or the Crossed Postal Order No. alid 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 of my knowledge and belief.

Place: ........................... Signature of the Applicant 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 34 FORM VII-D [See rule 31-A (3)] GOVERNMENT OF. RAJASTHAN OFFICE OF LICENSING OFFICER License No. Dated ..................... Fee Paid ......................

Signature of the Licensing Officer Temporary License Expires on ...................................

License 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 license shall remain in force till ..............................................

Date ........................... Signature and Seal of the Licensing Officer ANNEXURE The License is subject to the following conditions :— |

1. The license 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 of the license 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 To fixed by agreement, settlement or award, not less than the rates fixed.

5. In cases where the workmen employed by the contractor perform the same or similar kind of work as 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 & Deputy Secretary to the Government 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 & Deputy Secretary to Government.

35 FORM VIII (See rule 73)

PART I Register of Particulars of Contractors

(1) Name and address of the Principal Employer .........................................................................

(2) Name and address of the establishment ...................................................................................

S.No. Name and address of contractor Nature of work on contract Location of contract work 1 2 3 4 Period Of Contract From To Amount value of contract work Maximum No. of workmen employed by contractor Security deposits with the principal Employer 1 2 3 4

PART - II Progress of Contract Work Name of Contractor ......................................................... Nature of work ...................................

Wage period To Maximum number of workmen employed by the contractor during the wage period Total amount of wages earned by the workmen Amount actually disbursed on pay day 1 2 3 4 36 FORM IX (See rule 74) Register of Workmen Employed by Contractor Name and Address of Contractor ................................. Name and Address of establishment in/under which contract is carried on .....................................

Nature and location of work ............................... Name and address of Principal Employer ...........

S.No. Name and surname of workmen age and Sex Father's/Husband's Name Nature of Employment/Designation 1 2 3 4 5 Permanent Home address of workmen (Village and Tehsil/Taluqa and Distt.)

Present Address Date commencement of employment Date of termination of employment Signature of thumb impression of workmen Remarks 6 7 8 9 10 11 FORM X (See rule 75) Employment Card Name and address of contractor Name and address of establishment in/ ................................................... under which contract is carried on Nature and location of work ........................................................................

.............................................. Name and address of Principal Employer ............................................................................

name of the workman S.No. in the register of workman employed Nature of employment/designation Wage rate (with particulars of unit in case of place work) 1 2 3 4 Wage period Period of employment Remarks Signature of contractor 5 6 7 8 37 FORM XI (See rule 76) Service Certificate Name and address of contractor........... Name and address of establishment in/ under which contract is carried on........

Nature and location of work ................

Name and address of the workman........

Name and address of Principal Employer Age OF Date Of Birth .................................. ....................................................................

Identification Marks ..................................

Father's/Husband's Name ...........................

S.No. Total period for which employed Actual No. of days worked Nature of work done Rate of wages (with particulars of unit in case of piece-work) From To 1 2 3 4 5 6 Total wages earned by workman during the period Total deduction made, if any Total Wages actually paid Remarks 7 8 9 10 Signature of Contractor 38 FORM XII [See rule (2) (a)] Muster Roll Name and address of contractor ........................................................................................................

Nature and location of work ...............................................................................................................

Name and address of establishment in/under which contract is carried on ...........................................................................................................................................................

Name and address of Principal Employer ...............................................................................................

for the month of ....................................................................................................................................

S.No. Name of Workman Father's/Husband's Name Sex 1 2 3 4 Dates Remarks FORM XIll [See rule 77(2) (a)] Register of Wages Name and address of Name and address of establishment in/under contractor Which Contract is carried on .................................

Nature and location of Name and address of Principal Employer .................

work ..................................... Wage Period : Fortnightly Monthly S.No. Name of workman Serial No. in register of workmen employed by contractor Designation nature of work done No. of days worked 1 2 3 4 5 Wage Rate Units of work done Piece Rate 6 7 8 39 Amount of Wages earned Basic wages Dearness Allowance Over-time Other cash payments Indicating nature of payments Total 9 10 11 12 13 Total Deductions Net Amount paid Time and Date of payment Place of Payment 14 15 16 17 Signature/Thumb impression of employees Initial of Contractor or his representative Initial of authorized representative of principal employer 18 19 20 FORM XIV [See rule 72 (2) (a)] Form of Register of Wages-Cum-Muster Roll Name and address of Name and address of establishment Contractor ........................... in/under which contract is carried on .........................................................

Nature and location of work name and address of Principal Employer ...................

................................................ wage period weekly From ............... to ..................

S.No. S.No. in Register of workmen employed by contractor Name of Employee Designation/Nature of work Daily attendance/units worked 2 3 4 5 6 7 1 2 3 4 5 Amount of Wages earned Total attendances/ units of work done Daily rate of wages/piece rate Basic wages Dearness allowance Over time Other Cash payments (Nature of payment to be Total deductions 40 indicated) 6 7 8 9 10 11 12 Net amount paid Time and date of Payment Place of Payment Signature/Thumb impression of workmen 13 14 15 16 Initials of contractor or his representative Initials of authorized representative of Principal Employers 17 18 FORM XV [See rule 77 (2) (b)] Wages Slip Name and address of Contractor......... Name and address of establishment in/ under which contract is carried on........

Nature and location of work............... Name and address of Principal Employer ...................................................................

Name and Father’s name of the workman For the week/Fortnight/Monthly........... .......

.................................................................

Sex and identification taken/ticket No. .................................................................

No. of days worked Rate of daily wages/piece rate No. of units worked in case of piece rate workers Dates on which over-time worked Over-time hours and amount of O.T. wages 1 2 3 4 5 Gross wages payable Deductions, if any Actually wages Signature of the contractor or his representative 6 7 8 9 41 FORM XVI [see rule 77 (2)(a)] Register of Deductions for Damage or Loss Name and Address of Contractor........... Name and address of establishment in/ under which contract is carried on...........

Nature and location of work............ Name and address of Principal Employer ..................................................................

S.No. Name of workman Father's Husband's name Designation Particulars of damage/loss 1 2 3 4 5 Date of damage Whether worker should case against deduction Name of person in whose presence employee's explanation was heard Amount of deduction imposed 6 7 8 9 No. of installments Date of recovery of Remarks First installment Last installment 10 11 12 13 FORM XVII [See rule 77 (2) (d)] Register of Fines Name and address of Name and address-of establishment Contractor ....................................... in/under which contract is carried on ...............................................................

Nature and location of work Name and address of Principal Employees ................................................

42 S.No. Name of workmen Father's/Husband's Name Designation Act/Omission for which fine imposed 1 2 3 4 5 date of offence whether employee should cause against fine Name Of Person In Whose Presence Employee's

Explanation Was Heard (incase of contractors) 6 7 8 Rate of wages Amount of fine imposed Date on which fine realized Remarks 9 10 11 12 FORM XVIII (See rule 77 (2)(d)] Register of Advances Name and address of Name and address-of establishment Contractor ....................................... in/under which contract is carried on ...............................................................

Nature and location of work Name and address of Principal Employees ................................................

S.No. Name Father's/Husband's Name Nature of employment Earnings during a wage period 1 2 3 4 5 date and amount of advance Purpose(s) for which advance made No. of installments by which advance to be repaid 6 7 8 Amount of installments repaid with date of postponement granted Date of which total amount paid Signature or thumb impression of the worker 9 10 11 43 FORM XIX [See rule 77(2) (e)] Register of Over-Time Name and address of Name and address-of establishment Contractor ....................................... in/under which contract is carried on ...............................................................

Nature and location of work Name and address of Principal ............................................. Employees ................................................

SL.No. Name of workmen Father's/Husband's name Sex Designation and Department Dates on which over time work was put in 1 2 3 4 5 6 Wages of over-time on each occasion Total over-time worked or production in case of piece rate Normal hours Normal rate 7 8 9 10 Over-time rate Normal earnings Over-time earnings Total earnings Date on which over-time payment made 11 12 13 14 15 44 FORM XX [ See rule 81(1) ] Return to be sent by the Contractor to Licensing Officer for the Half Year Ending 1, Name and address of the Contractor

2. Name and address of the Principal Employer

3. Name and address of the establishment.

4. Duration of Contract From .......................... to ..........................

5. No. of days during the half year on which Contract Labour was employed.

6. Maximum number of Contract Labour employed on any day during the half year.

Men Women Children 7 (i) Normal hours of work per day

(ii) (a) Whether weekly holiday observed

(b) If so, whether it was paid for ?

(iii) Particulars of rest interval and weekly spread over.

(iv) Rate of over-time wages.

(v.) No. of man hours of over-time worked during the half year,

8. Total number of man days worked by Men Women Children

9. Total amount of wages paid.

Men Women Children

10. Total amount of deductions from wages, if any, effected.

45 Men Women Children

11. Whether the contractor has provided.

(i) Canteens.

(ii) Rest Rooms,

(iii) Drinking Water.

(iv) Creches.

(v) First-aid, (If the answer is ‘yes’ state briefly standards provided.)

PLACE .......................... Signature of the Contractor Date.................................

FORM XXI [See rule 81 (2)) Annual Return of Principal Employer to be sent to the Registering Officer Return for Year ending 31st Dec ........................

(1) Full name and address of the Principal Employer.

(2) Name of establishment :

(a) District.

(b) Postal address.

(3) Full name of the Manager or person responsible for supervision and control of the establishment.

(4) Maximum No. of workmen employed as contract labour on any day during the year.

(5) Total number of days during the year on which contract labour was employed.

(6) Total number of man days worked by contract labour during the year.

(7) Maximum No. of workmen employed directly on any day during the year.

(8) Total No. of days during the year on which directly employed labour was employed.

(9) Total No. of man days worked by directly employed workmen.

(10) Nature of work on which contract labour was employed.

(11) “Amount of Security Deposits made by contractors (give contractor wise.)

(12) Amount of security deposits forfeited together ‘with the. names of contractor, if any.

(13) Whether there is any change in the management of the establishment, its location, or any other particulars furnished to Registering Officer in the form of Application for Registration at the time of Registration. If so, from what date?

PLACE ..................

Date ................ Principal Employer Regd. No. RJ. 33/97 Rajasthan Gazette Extraordinary Jyaistha 13, Saturday, Sake 1922 June3, 2000 Hkkx 4 ¼x½ mi&[k.M ¼1½ jkT; ljdkj rFkk vU; jkT; izkf/kdkfj;ksa }kjk tkjh fd;s x;s ¼lkekU;

vkns'kksa] mi fof/k;ksa vkfn dks lfEefyr djrs gq,½ lkekU; dkuwuh fu;eA Labour Department Notification Jaipur, June 1, 2020 CSR 14- In exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970), the State Government Rajasthan Contract Labour (Regulation and Abolition) Rules, 1970, the same having been previously published in Rajasthan Gazette, Extra ordinary part 3 (kha) dated 27.04.2000, as required by sub-section (1) of section 35 of the said act, namely:- RULES

1. Short title and commencement- (i) These rules maybe called the Rajasthan Contract Labour (Regulation and Abolition) (Amendment) Rules, 2000.

2. In rule 24 of the Rajasthan Contract Labour (Regulation and Abolition) Rules, 1971 hereinafter referred to as the said rules the expression Rs. 30/- shall be substituted by the expression Rs. 150/- and expression Rs. 5/- shall be substituted by the expression Rs. 25.

3. The existing rule 26 of the rules shall be substituted by the following, namely – "26. Fees- (1) The fees to be paid for the grant of a certificate of registration under section 7 shall be as specified below, namely – If the number of workmen proposed to be employed on contract on any day – a. is 20 Rs.100/- b. exceeds 20 but does not exceed 100 Rs.250/- c. exceeds 50 but does not exceed 100 Rs.500/- d. exceeds 100 but does not exceed 200 Rs.1000/- e. exceeds 200 but does not exceed 400 Rs.2000/- f. exceeds 400 Rs.2500/-

(2) The fees to be paid for the grant of renewal of a license under section 12 shall be as specified below :- If the number of workmen employed by the contractor on any day - a. is 20 Rs.25/- b. exceeds 20 but does not exceed 50 Rs.60/- c. exceeds 50 but does not exceed 100 Rs.125/- d. exceeds 100 but does not exceed 200 Rs.250/- e. exceeds 200 but does not exceed 400 Rs.500/- f. exceeds 400 Rs.625/-

(3) For the year 1971, the fee as prescribed under sub-rule (2) shall be charged proportionately for three months.

(4) The existing sub-rule (6) and (7) of Rule31-A of the said rules shall be substituted by the following respectively :- "(6) The fees to be paid for the grant of the certificate of registration under sub-rule (3) shall be as specified below :

48 If the number of workmen proposed to be employed on contract on any day – a. is 20 Rs.25/- b. exceeds 20 but does not exceed 50 Rs.50/- c. exceeds 50 but does not exceed 200 Rs.100/- d. exceeds 100 but does not exceed 200 Rs.250/- e. exceeds 200 Rs.150/-

(7) The fees to be paid for the grant of a license under sub-rule (3) shall be as specified below :- If the number of workmen to be employed by the contractor on any day – a. is 20 Rs.25/- b. exceeds 20 but does not exceed 50 Rs.50/- c. exceeds 50 but does not exceed 200 Rs.100/- e. exceeds 200 Rs.150/-

5. In sub-rule (1) of rule 32 of the said rules, the existing expression "rupees ten" shall be substituted by the expression "Rs.50/-"

6. The rule 38 of the said rules, the existing expression "rupees two" shall be substituted by the expression "Rs.10/-" [No.F.13(10)Shram/Vidh/99) By Order and in the name of the Governor, Name..............

Dy Secretary to the Government.

49 jktLFkku jkt&i= izkf/kdkj izdkf'kr vk"k< 20] eaxyokj] 'kd lEor~ 1894] tqykbZ 11] 1972 Hkkx 4 ¼x½ mi&[k.M ¼1½ jkT; ljdkj rFkk vU; jkT; izkf/kdkfj;ksa }kjk tkjh fd;s x;s ¼lkekU;

vkns'kksa] vU; fof/k;ksa vkfn dks lfEefyr djrs gq,½ lkekU; dkuwuh fu;eA LOBOUR & EMPLOYMENT DEPARTMENT NOTIFICATION Jaipur, July 7, 1972.

G.S.R. 28. -In exercise of the powers — conferred by section 35 of the Contract Labour (Regulation and Abolition) Act. 1970 (Central Act 37 of 1970), the State Government hereby makes the following rules to amend the Rajasthan Contract Labour (Regulation and Abolition) Rules, 1971. the same having been previously published in the Rajasthan Gazette, Part 3 (B), dated 5th April, 1972 as required by sub-section (1) of section 35 of the said Act, namely :-

1. Short title.- These rules may be called the Rajasthan Contract Labour (Regulation & Abolition) Amendment Rules, 1972

2. Amendment of Rule 12.—Alter the existing proviso the rule 12 of the Rajasthan Contract Labour (Regulation and Abolition) Rules, 1971 hereinafter referred to as the said Rules, the following explanation shall be inserted, namely:-

Explanation. "Chairman" for the purposes of this Rule shall include the Chairman nominated under Rule 13 to preside over a meeting.

3 Amendment of Rule 26.—(i) In sub-rule (2) of Rule 96 of the said Rules for the word “of” occurring in between the words “grant” and “renewal” the word “or” shall be substituted;

(ii) After sub-rule (2) of Rule 26 of the said Rules the following new sub-rule (3) shall be inserted, namely:— “(3) For the year 1971, the fee as Prescribed under sub-rule (2) shall be charged proportionately for three months.”

4. Insertion o] Rule 31A.—After Rule 3l of the Rules the following new Rule 31A shall be inserted, namely :— 50 “31A. Grant of temporary certificate of registration and license.--(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 of license 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 license shall be made in triplicate in Forms VII-A and VII-C respectively and shall be accompanied by a treasury receipt or a crossed postal order drawn in favour of the appropriate Registering or Licensing Officer, as the case may he, showing the payment of appropriate fees and in the case of License the appropriate fee and in the case of license the appropriate amount of security also.

(3) On receipt of {he application, complete fir 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 all 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 VII-B or a License in Form VII-D as the case may be for a period of not more than fifteen days.

(4) Where a certificate of registration or license 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 the certificate was given.

(6) The fees to the 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-

(a) exceeds 20 but does not exceed 50 10.00

(b) exceeds 50 but does not exceed 200 20.00

(7) The fees to be paid for the grant of a license 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 20 but does not exceed 50 5.00

(b) exceeds 50 but does not exceed 200 20.00

(8) The provisions of rule 23 and rule 24 shall apply to the refusal to grant registration OTF to grant license under sub-rule (4) and sub-rule (3) respectively.

5. Amendment of Rule 77.—Alter sub-rule (2) of rule 7 of the said Rules the following sub-rule

(3) shall be inserted, namely: -- 51

(3) Notwithstanding anything contained in these rules, where 4 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 there under or any other laws or regulations or in cases Where mechanized pay rolls are introduced for better admits traction, alternative suitable form of forms it:

heu of any of the forms prescribed under these rules, may be used, with the previous approval of the Labour Commissioner Rajasthan.

6. Amendment o/ Rule 79.—Alter sub-rule (4) of rule 79 of the said Rules, rule () shall be inserted.

namely: — “(5) Where no deduction or fine has been imposed or no over time has beer worked during any Waste period, a nil entry.

shall be made across the body of the resister of the end of the wage period indicating also in precise terms the wage period to which the ‘nil’ entry relates, fir (he respective re- sisters, maintained Forms XVI XVII XVIII and XIX respectively.

7. Insertion of new Forms VII-A to VII-D. After from VII appended to the said Rules, following new forms VII-A, VII-B, VII-C, and VII-D shall be inserted, namely- FORM VILA See Rule 31-A (2)] Application for Temporary Registration of Establishment Employing Contract Labour,

1. Name and location of the Establishment .

2. Postal address of the Establishment.

3. Full name and address of the Principal Employment (furnished father's name in the case of individual.

4. Full name and address of the Manager or person response for the supervision and control of the establishment.

5. Nature of work carried on in he establishment

6. Particulars of contract labour:

(a) Nature of work in which contract labour is to be employed and reason for urgency.

(b) Maximum number of contract labour to be employed on any day.

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 my knowledge and belief.

52 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.

FORM VII-B [See rule 31-4 (3)] Temporary Certificate of Registration Date .....................

No. Date GOVERNMENT OF RAJAST HAN 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 Contract Labour (Regulation and Abolition) Act, 1970 and the rules Inade there under, to ............................................................................................

Valid from ........................ to ..........................

1. 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 VII-C (See rule 31-4 (2)) Application for Temporary License.

I. Namie and address of the contractor (including his Tather’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:

4. Particulars of contract labour: —

(a) Nature of work in which contract labour is to be empployed in the Establishment:

(b) Duration of the proposed contract work (give particular of proposed date of commencing and ending):

(d) Maximum No. o! contract labour proposed to he 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 license OF 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, Establishment and nature of work.

8. Amount Of license fee paid—No. of Treasury 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 of me knowledge and belief.

Place Signature of the Applicant 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 VII-D (See rule 31-A (3)} GOVERNMENT OF RAJASTHAN OFFICE OF LICENSING OFFICER License No. Dated Fee paid Rs.

54 Signature of the Licensing Officer.

‘Temporary License Expires on ...........................

License is hereby granted to .................................... under section 12(2) of the Contract Labour (Regulation ant Abolition) Act, . 1970, subject to the conditions specified in Annexure.

The license shall remain in force till ...................................

Date Signature and Seal of the Licensiig Officer ANNEXURE The License is subject to the following conditions

1. The license 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 tees paid for the grant of the license shall be nonrefundable.

4. The rates of wages payable to ‘he workmen by the contractor shall not be less than the rates prescribed for the schedule of employment under {he Minimum Wages Act. 1945 where applicable and where the rates have been fixed agreement settlement or award, not less than the rates fixed.

5 In cases Where the workmen employed by the contactor perform the same or similar kind of work as 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 directly, employed by the principal employer of the establishment on the same or similar king 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 & Deputy Secretary to the Government decision shall be final.

(No. F.f (ft) (254) /Lab.i68.

By Order of the Governor, ,u-ds- tks'kh] Deputy Secretary to the Government.

“ i Government Central Press, Jaipur.

The Rajasthan Contract Labour (Recognition and Abolition) Rules, 1971

The enactment

Full text

Find the provision, not just read it