CONTRACT LABOUR (REGULATION AND ABOLITION) ARUNACHAL PRADESH RULES, 1995

PREAMBLE

In exercise of the powers conferred by Section 35 of the Contract Labour Regulation and Abolition) Act, 1970 (Act No. 37 of 1970), the Government of Arunachal Pradesh hereby publishes the following draft rules for the information of all persons likely to be affected hereby and notice is hereby given that the said draft rules hall be taken into consideration after the expiry of 90 days from the date of publication in the official Gazette.

Any objection or suggestion which may be received from any person or organization with respect to these draft rules within the period specified above will be considered by Government of Arunachal Pradesh. Objections and suggestion may be addressed to the Secretary, Government of Arunachal Pradesh, Department of Labour and Employment. Itanagar.

CHAPTER-I

Rule - 1. Short title and commencement.

(1)     These rules may be called the Contract Labour (Regulation and Abolition) Arunachal Pradesh Rules, 1995.

(2)     They shall come into force on the date of their publication in the official Gazette.

Rule - 2. Definitions.

In these rule, 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 Government of Arunachal Pradesh under sub-section (I) of Section 15;

(c)      "Board" means that State Advisory Contract Labor Board constituted under Section 4;

(d)      "Chairman" mean 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.

CHAPTERII STATE BOARD

Rule - 3.

The Board shall consist of the following members.

(a)      a Chairman to be appointed by the Government of Arunachal Pradesh;

(b)      the Labour Commissioner, ex-officio;

(c)      one person representing the State Government to be appointed by the Government of Arunachal Pradesh from amongst its officials;

(d)      five persons representing the principal employers and the contractors (three representing the principal employers and two representing the contractors) to be appointed by the Government of Arunachal Pradesh after consultation with such industry or industries, if any, of the employers and the contractors as may be recognized by the 'Government of Arunachal Pradesh;

(e)      five persons representing the employees to be appointed by the Government of Arunachal Pradesh after consultation with such organizations' if any, of employees representing their respective interests as may be recognized by the Government of Arunachal Pradesh.

Rule - 4. Terms of office.

(1)     The Chairman of the Board shall hold office as such for a period of three years from the date en which his appointment is first notified in the official Gazette.

(2)     The members of the Board, referred to in clause (c) of rule 3 shall office as such during the pleasure of the Governor of Arunachal Pradesh.

(3)     Each of the members of the Board, referred to in clause (a), (d) and (e) 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)     If a member is unable to attend a meeting of the Board the Government of Arunachal Pradesh or the body which appointed or nominated him may, by writing signed on its behalf and by such member and addressed notice in to the Board, nominate a substitute in his place to attend Chairman of the meeting and such a substitute member shall have all the rights of a member in respect of that meeting and any decision taken at meeting shall be binding on the said body.

Rule - 5. Resignation.

(1)     Member of the Board, not being an ex-officio member, may resign his office by a letter in writing addressed to the government of Arunachal Pradesh.

(2)     The office of such a member shall fall vacant from the date on which his resignation is accepted by the government of Arunachal Pradesh or on the expiry of thirty days from the date of receipt of the letter of resignation by that government whichever is earlier.

Rule - 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 government of Arunachal Pradesh 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.

Rule - 7. Disqualification for membership.

(1)     A person shall be disqualified for re-appointment, 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 un discharged insolvent; or

(iii)     if he has been or is convicted of on offence which in the opinion of the Government of Arunachal Pradesh involves moral turpitude.

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

Rule - 8. Removal from membership.

The Government of Arunachal Pradesh may remove from office any member of the Board, if in its opinion such a member has ceased to represent the interest which he purports to represent 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.

Rule - 9. Vacancy.

When a vacancy occurs or is likely to occur in the membership of the Board the Chairman shall submit a report to the Government Arunachal Pradesh and on receipt of such report the Government of Arunachal Pradesh shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership 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.

Rule - 10. Staff.

(1)     (i) The Government of Arunachal Pradesh may appoint one of the officials as Secretary to the Board appoints 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 Government of Arunachal Pradesh.

(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 at 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.

Rule - 11. Allowances of members.

(1)     The traveling 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 authority paying his salary.

(2)     The non-official members of the Board shall be paid traveling allowance for attending the meeting of the Board at such rates are admissible to Group-A Officers of the Government of Arunachal Pradesh and daily allowances shall be calculated at the maximum rate admissible to Group-A Officers of the Government of Arunachal Pradesh in their respective places.

Rule - 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 votes, the Chairman shall have a seconds or a casting vote.

Explanation.-"Chairman" for the purpose of this rule shall include the Chairman nominated under rule 13 to preside over a meeting.

Rule - 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 nominate a member of the Board to preside over such meeting.

Rule - 14. Notice of meeting and list of business.

(1)     Ordinarily seven days notice shall be given to the members of a proposed meeting.

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

Rule - 15. Quorum.

No business shall be transacted at any meeting unless at least five members are present:

Provided that if at any meeting less than five members are present, the Chairman may adjourn the meeting to another date informing members present and giving notice to the other members that the 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 members attending.

Rule - 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.

(2)     (i) The committee shall meet as such times and places as the Chairman of the said committee may decide.

(ii) The provisions of rules 12, 13(2), 14 and 15 shall apply to the committee for transaction of business at its meetings as they apply to the Board, subject to the modification that the quorum specified in rule 15 shall be "one-third of the members" instead of "five members".

(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. 

CHAPTER-III REGULATION AND LICENSING

Rule - 17. Manner of making application for registration of establishment.

(1)     The application referred to in sub-section (1) of Section 7 shall be made in triplicate, in form to the Registering Officer of the area in which the establishment sought to be registered is located.

 

(2)     The application referred to in sub-rule (1) shall be accompanied by a Treasury Challan showing payment of the fees for the registration of the establishment.

 

(3)     Every application referred to in sub-rule (I) shall he 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 (I) the registering Officer shall, after noting thereon the date of receipt by him of the application, grant an acknowledgement to the applicant.

Rule - 18. Grant of certificate of registration.

(1)     Tile certificate of registration granted under sub-section (2) of Section 7 shall be in Form II.

(2)     Every certificate of registration granted under sub-section (2) of Section 7 shall contain the following particulars, namely.-

(a)      the name and address of the establishment;

 

(b)      the maximum number of workmen to be employed as contract labour in the establishment;

 

(c)      the type of business, trade, industry, manufacture or occupation which is carried on in tile establishment;

 

(d)      such other particulars as may be relevant to the employment contract labour in the establishment.

(3)     the registering officer shall maintain a register in Form III showing the particulars of establishments in relation to which certificates of registration have been issued by him.

(4)     If, in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

Rule - 19. Circumstances in which application for registration may be rejected.

(1)     If any application for registration is not complete in all respects the registering officer shall require the principal employer to amend the application so as to make it complete in all respects.

(2)     If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the registering officer shall reject the application for registration.

Rule - 20. Amendment of certificate of registration.

(1)     Where, on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to pay a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce the Treasury Challan showing such deposit.

(2)     Where, on receipt of the intimation referred to in sub-rule (4) of rule 18, registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form Hl, he shall amend the said register and record therein the change which has occurred:

Provided that no such amendment shall affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendment.

Provided further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited by tee principal employer.

Rule - 21. Application for a licence.

(1)     Every application by a contractor for the grant of a licence shall be made in triplicate, in Form IV, to the licencing officer of the area in which the establishment in relation to which he is the contractor, is located.

 

(2)     Every application for the grant of a licence shall be accompanied by a certificate by the principal employer in form V to the effect that the application has been employed by him as a contractor in relation to this establishment and that he undertakes to be bound by all the provisions of the Art and the rules made there under in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.

 

(3)     Every such application shall be either personally delivered to the licensing officer or sent to him by registered post.

 

(4)     On receipt of the application referred to in sub-rule (I), 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 Challan, 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.

Rule - 22. Matters to be taken into account in granting or refusing a licence.

In granting or refusing to grant a Licence, the licensing office shall take the following matters in to 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 Central Government involves moral turpitude;

(b)      Whether there is an order of the Central or the Government of Arunachal Pradesh or an award or settlement for the abolition of contract labour in respect of the particular type of work in the establishment for which the applicant is a contractor;

 

(c)      whether any order has been made in respect of the applicant under sub-section (I) 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.

Rule - 23. Refusal to grant licence.

(1)     On receipt of the application from the contractor, and as soon as possible thereafter the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility to the applicant for a licence.

(2)     (i) Where the licensing officer is of opinion that the licence should not be granted, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.

(ii) The order shall record the reasons for the refusal and shall be communicated to the applicant.

Rule - 24. Security.

(1)     Before a licence is issued, an amount calculated at the rate of Rs. 150 for each of the workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for due performance of the condition of the licence and compliance with the provisions of the Act or the rules made there under.

Provided that where the contractor is a co-operative society, the amount deposited as security shall be at the rate of Rs. 25 for each workman to be employed as contract labour.

(2)     Where the applicant for licence was holding a licence in regard to another work and that licences had expired the licensing officer, if he is of the view that any amount out of the security deposited in respect of that licence is to be directed to be refunded to the applicant under rule 31, may, on an application made for that purpose in Form VI by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any after making such a adjustment.

Rule - 25. Forms and terms and conditions of licence.

(1)     Every licence granted under sub-section (1) of Section 12 shall be in Form VII.

(2)     Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely.-

(i)       the licence shall be non-transferable;

 

(ii)      the number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence;

 

(iii)     save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal the licence shall be non-refundable;

 

(iv)    the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1945 (XI of 1948), for such employment where applicable, and where the rates have been fixed by agreement, settlement or a ward not less than the rates so fixed;

 

(v)      (a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the 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 or Deputy Labour Commissioner, Government of Arunachal Pradesh.

(b) In other cases the wage rates holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by Labour Commissioner, Arunachal Pradesh.

Explanation.-While determining the wage rates, holidays, hours of work and other conditions of service under Cl. (b) above, the Labour Commissioner shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments.

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

(b) one of such rooms shall be used as a play-room for the children and the other as bed room for the children;

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

(d) the standard of construction and maintenance of the crŠches shall be such as may be specified in this behalf by the Labour Commissioner.

(vii)   the licence shall notify any change in the Dumber of workmen or the conditions of work to the licensing officer.

 

(viii)  the licence shall, within fifteen days of the commencement and commencement and completion of each contract work submit a return to the Inspector, appointment under Section 28 of the Act, intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form VIII.

 

(ix)    a copy of the licence shall be displayed permanently at the premises where the contract work is being carried on;

 

(x)      no female contract labour shall be employed by any contractor before 6.00 a.m., or after 7.00 p.m.

Provided that this clause shall not apply to the employment of women in pithead baths, crŠches and canteens and as to mid wives and nurse in hospitals and dispensaries,

Rule - 26. Fees.

(1)     The fees to be paid for the grant for a certificate of registration under Section 7 shall be as specified below, namely;

(2)     The fees to be paid for the grant of licence under Section 12 shall be as specified below.

Rule - 27. Validity of the licence.

Every licence granted under rule 25 or renewed under rule 29 shall remain in force for twelve months from the date it is granted or renewed.

Rule - 28. Amendment of the licence.

(1)     A licence issued under rule 25 or renewed under rule 29 may or good and sufficient reasons, be amended by the licensing officer.

 

(2)     The contractor who desires to have the licence amended shall submit to the licensing officer an application stating the nature of the amendment and reason therefore.

 

(3)     (i) If the licensing officer allows the application he shall require the applicant to furnish a Treasury Challan 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 the Treasury Challan the licence shall record the reasons for such refusal and communicate the same to the applicant.

(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.

Rule - 29. Renewal of licence.

(1)     Every contractor shall apply to the licensing officer for renewal of the licence.

(2)     Every such application shall be in Form IX in triplicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is to made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued.

(3)     The fees chargeable for renewal of the licence shall be the same as for the grant thereof.-

Provided that if the application for renewal is not received within the time specified in sub-rule (2) a fee of 25 percent, in excess of the fee ordinarily payable for the licences 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 reduce or remit as he thinks fit the payment of such excess fee.

Rule - 30. Issue of duplicate certificate of registration or licence.

Where a certificate or registration or a licence grunted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of fees or rupees twenty five.

Rule - 31. Refund of security.

(1)     (i) On expiry of the period of licence the contractor may, if he does not intend to have his licence renewed, make an application to the licensing officer for the refund of the security deposited by him under rule 24.

(ii) If the Licensing Officer is satisfied that there is no breach of the condition of licence or there IS no order under Section 14 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.

(2)     If there is any order directing the forfeiture of any portion of the security, the amount to be forfeited shall be deducted from the security deposit and balance, if any, refunded to the applicant.

 

(3)     Any application for refund shall, as far as possible, be disposed of within sixty days of the receipt of the application.

Rule - 32. Grant or temporary certificate of registration and licence.

(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 establish or the contractor, as the case may be, may apply for a temporary certificate or registration or licence to the Registering Officer or the Licensing Officer, as the case may be, having jurisdiction over the area in which the establishment is situated.

 

(2)     The application for such temporary certificate of registration or licence shall be made in triplicate in Forms X and XI respectively and shall be accompanied by a Treasury Challan showing the payment of appropriate fees and in tae case of licence the appropriate amount of security also.

 

(3)     On receipt of the application complete in all respects, and on being satisfied either on affidavit by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of fifteen days and was for 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 XII of a licence in Form XIII as the case may be.

 

(4)     Where a certificate of registration or licence is not granted the reasons therefore shall be recorded by the Registering Officer or the Licensing Officer, as the case may be.

 

(5)     On the expiry of the validity of the registration certificate the establishment shall cease to employ in the establishment contract labour in respect of which the certificate was given.

 

(6)     The fees to be paid for the grant of the certificate of registration under sub-rule (3), shall be as specified below.-

(7)     The fees to be paid for the grant of a licence under sub-rule (3), shall be as specified below.-

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

CHAPTER IV APPEALS AND PROCEDURE

Rule - 33.

(1)     (i) Every appeal under sub-section (I) of Section 15 shall be preferred in the form of a memorandum signed by the applicant on 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 or the order appealed from and a Treasury Challan for Rs. 50

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

Rule - 34.

(1)     Where the memorandum of appeal does not comply with the provisions of sub-rule (2) or rule 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed by the Appellate Officer.

(2)     Where the Appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection, and communicate the order to the appellant.

(3)     Where the memorandum of upper is in order the Appellate Officer shall admit the appeal endorse thereon the date of presentation and shall registers the appeal in a book to be kept for the purpose called the Registrar 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 he case may be, from whose order the appeal has been preferred and the Registering officer or the Licencing 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 us may be specified in the notice for the hearing of the appeal.

Rule - 35.

If on the date fixed for hearing, tile appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.

Rule - 36.

(i)       Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal, and where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.

(ii)      Such an application shall, unless the Appellate officer extends the time for sufficient reason, be made within thirty days of the date of dismissal.

Rule - 37.

(1)     If the appellant is present when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorized 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 Licencing Officer from whose order the appeal as been preferred.

Rule - 38. Payment of fees and security deposit.

(1)     The payment of various fee relating to registration, licensing and security deposits shall be made through treasury challan under appropriate head of account.

(2)     The head of account under which the receipts relating to the fee for registration, licencing and appeals etc., hall be "B-Non-Tax Revenue 0230-Labour and Employment. Receipt under Labour Laws-fees under the Arunachal Pradesh Contract Labour (Regulation and Abolition) Rule, 1995. The security deposit are to be made under the head of account "Deposits Advances (b)-Deposits non-bearing interest-844.-

(3)     Civil Deposits".

Rule - 39. Copies.

Copy of the order or the Registering Officer, Licensing officer or the Appellate Officer may be obtained on payment of fees of rupees ten for each order an application specifying the date and other particulars of the order, made to officer concerned.

CHAPTER- V WELFARE AND HEALTH OF CONTRACT LABOUR

Rule - 40.

(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, shall be provided by contractor in the cases of the existing establishment within seven days of the commencements of these rules and in the case of new establishments within seven days of the commencement of the employment of contract labour therein.

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

Rule - 41. Rest-room.

(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 three months or more the contractor shall provided and maintain rest-rooms 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 rot 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 provision 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 dimensions so as to provide at least a floor area of 1.1 sq. metre for each person making use of the rest room.

(6)     The rest room or room 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 floor surface.

(7)     The rest-room or other suitable alternative accommodation shall be at a convenient distance from the establishment and shall have adequate supply of whole some drinking water

Rule - 42. Canteen.

(1)     In every establishment 10 which the Act applies and herein work regarding the employment of contract labour is likely to continue for six month and wherein contract labour numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the u c 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 days of the commencement of the employment of contract labour in the case of new establishments.

(2)     If the contractor fail to provide the canteen within the time laid down the same shall be provide by the principal employer within sixty cays of the expiry of the time allowed to the contractor.

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

Rule - 43.

(1)     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 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 a clean and sanitary condition.

(ii) Waste water shall be carried away in suitable covered drain 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.

Rule - 44.

(1)     The dining-hall shall accommodate at a time at least 30 percent of the contract labour working at a time.

(2)     The floor area of the dining-hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall be not less than one square metre 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 separate and screened to secure privacy.

(4)     Sufficient tables, steels, chairs or benches shall be available for the number of diners to be accommodated 28 prescribed in sub-rule (1)

Rule - 45.

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

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

(2)     (i) Suitable clean clothes for the employees service in the canteen shall al so be provided and maintained.

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

(iii) Suitable faculties including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.

Rule - 46.

The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.

Rule - 47.

The charges for foodstuffs, beverages and any other items served in the canteen shall be based on "no-profit", "no-lose" and shall be conspicuously display in the canteen.

Rule - 48.

In arriving at the prices of foodstuffs and other articles served in the canteen the slowing items shall not be taken into consideration as expenditure, namely;

(a)      The rent for the land and buildings;

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

(c)      The cost of purchase, repair and replacement of equipment including furniture's, crockery, cutlery and utensils;

(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.

Rule - 49.

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.

Rule - 50.

The accounts pertaining to the canteen shall be audited once every twelve months by registered accountants and auditors.-

Provided that the Labour Commissioner may approve of any ether person to audit the Accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor in view of the site or the location of the canteen.

Rule - 51. 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 employee, there shall be at least one latrine for every 25 females.

(b)      where males are employed, there shall be at least one latrine for every 25 males.

Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for every 25 males, or females, as the case may be up to the first 100, and one for every 50 there after.

Rule - 52.

Every latrine shall under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings,

Rule - 53.

(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 women, as the case may be.

Rule - 54.

There shall be at least one urinal for male workers up to 50 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, exceeds 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 there after.

Rule - 55.

(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 requirement of the public health authorities.

Rule - 56.

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

Rule - 57. 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 (or the use of male and female workers.

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

Rule - 58. First-aid facilities.

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 lee than one box for 150 contract labours or part thereof ordinarily employed.

Rule - 59.

(1)     The first-aid box shall be distinctly marked with a red cross in a transparent ground and shall contain the following equipment, namely.-

A.        For establishment in which the number of contract labour employed does not exceed fifty

Each. First-aid box shall contain the following equipments.-

(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 (30ml) bottle containing a two percent alcoholic solution of iodine.

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

(vii)   1 snake-bite lancet.

(viii)  I (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 Institutes, Government of India.

(xi)    A bottle containing 100 tablets (each of 5 grains) of aspirin,

(xii)   Ointment for burns.

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

B.        For establishments in which the number of contract labour exceed fifty Each first-aid box shall contain the following equipments.-

(i)       12 small sterilized dressing.

(ii)      6 medium size sterilized dressings.

(iii)     6 large size sterilized dressings,

(iv)    (iv) 6 large size sterilized burn dressings.

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

(vi)    1 (60 ml) bottle containing a two percent alcoholic solution of iodine,

(vii)   1 (60 ml) bottle containing sal cola tile having the dose and mode administration indicated on the label.

(viii)  1 rolls of adhesive plaster,

(ix)    A snake-bite lancet.

(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 Institutes, Government of India.

(xiii)  A bottle containing 100 tablets (each of 5 grains) of aspirin,

(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.

Rule - 60.

Nothing except the prescribed contents shall be kept in the first aid box.

Rule - 61.

The first-aid box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the establishment.

Rule - 62.

A person in charge of the first-aid box shall be a person trained in first-aid box treatment, in establishments where the number of contract labour employed is 150 or more.

Rule - 63.

The contractor shall fix wage periods in respect of which wages shall be payable.

Rule - 64.

No wage period shall exceed one month.

Rule - 65.

The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day; in other case before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable

Rule - 66.

where the 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 second working day from the day on which his employment is terminated.

Rule - 67.

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

Rule - 68.

Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf,

Rule - 69.

All wages shall be paid in current coin or currency or in both.

Rule - 70.

Wages shall be paid without any deductions of any kind except those specified by the Government of Arunachal Pradesh by general or special order in this he half or permissible under the payment of wages Act, 1936 (IV of 1936).

Rule - 71.

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

Rule - 72.

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

Rule - 73.

The authorized representative of the principal employer shall record under his signature a certificate at the end of the entries in the register of wages or the register of Wages-cum-Muster Roll as the case may be, in the following form.-

"Certified that the amount shown in column No .................. has been paid to the workmen concerned in my presence on ........................ at ..................... 

CHAPTER VII REGISTERS AND RECORDS AND COLLECTION OF STATISTICS

Rule - 74. Register of contractors.

Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XIV.

Rule - 75. Register of persons employed.

Every contractor shall maintain in respect of such registered establishment where he employs contract labour a register in Form XV.

Rule - 76. Employment card.

(i)       Every contractor shall issue an employment card in Form XVI to each worker within three days of the employment of the worker.

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

Rule - 77. 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 XVII.

Rule - 78. Muster Roll, wages registers, deduction register and overtime register.

(1)     (a) Every contractor shall in respect of each work on which he engages contract labour,-

(i)       maintain a muster roll and a register of wages in Form XVIU and Form XIX, respectively;

Provided that a combined Register of wage-cum-muster Roll in Form XX shall be maintained by the contractor where the wage period is a fortnight or less;

(ii)      maintain a Register of deductions for damage or loss Register of fines and Register of Advances in For XXI Form XXII and Form XXIII respectively;

(iii)     maintain a Register of Over time in Form XXIV recording therein the number of hours of and wages, paid for, overtime work, if any.

(b) Every contractor shall, where the wage period is one week or more issue wage slips in Form XXV, to the workmen at least a day prior to the disbursement of wages.

(c) Every contractor shall obtain the signature or thumb-impression of the worker concerned against the entries relating to him on the Register of Wages or Muster Roll-cum-Wages Register, as the case may be, and the entries shall be authenticated by the initials of the contractor or his authorized representative and shall also duly certified by the authorized representative of the principal employer in the manner provided in rule 73.

(d) In respect of establishments which are governed by the Payment of Wages Act, 1936 (4 of 1936), and the rules made there under, or Minimum Wages Act, 1948 (11 of 1948) or the rules made there under, the following registers and records required to be maintained by a contractor as employer under those Acts and the rules made there under shall be deemed to be register and records to be maintained by the contractor shall these rules, namely;

(a)      Muster roll.-

(b)      register of wages.-

(c)      register of deductions.-

(d)      register of overtime.-

(e)      register of fines.-

(f)       register of advances.-

(g)      wage slip.

(2)     Notwithstanding anything contained in these rules, where a combined of alternative form is sought to be used by the contractor to avoid duplication of work (or compliance with the provisions of any other Act or the rules framed there under or any other laws or regulation where mechanized pay rolls are introduced for better administration, 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.

Rule - 79.

Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the Labour Commissioner.

Rule - 80.

(1)     All registers and other records require to be maintained under the Act and rules, shall be maintained complete and up to date, and unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precincts of the work place or at a place within a radius of three kilometres.

(2)     Such registers shall be maintained legibly in English and Hindi or in the language understood by the majority of the persons employed in the establishment.

(3)     All the registers and other records shall be preserved in original for a period of three calender years from the date of last entry therein.

(4)     All the registers, records and notice maintained under the Act or rules shall be produced on demand before the Inspector or any other authority under the Act or any person authorized in that behalf by the Government of Arunachal Pradesh.

(5)     Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a "nil" entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the "nil" entry relates in the respective registers maintained in Forms XXI, XXII and XXIV respectively.

Rule - 81.

(1)     (i) Notices showing the rates of wages, hour of work, wage periods, dates of payment of wages, name and address of the inspectors having jurisdiction, and date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be.

(ii) The notice 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.

(3)     Every principal employer shall, within fifteen days of the commencement or completion of each contract work under each contractor, submit a return to the Inspector, appointed under Section 28 of the Act intimating the actual dates of the commencement or, as the case may be, completion of such contract work in Form XXVI.

Rule - 82.

(1)     Every contractor shall send half-yearly return in Form XXVII (in duplicate) so as to reach the licensing officer concerned not later than thirty days from the close of the half year.

NoticeHalf year for the purpose of this rule means "a period of six months commencing from 1st January and 1st July of every year".

(2)     Every principal employer of a registered establishment shall send annually a return in Form XXVIII (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.

Rule - 83.

(1)     The Board, Committee, the Labour Commissioner 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.

(3)     The returns to be submitted under this rule by contractor/principal employer shall be correct, complete and up to date in all respects.