(1)
These
rules may be called the Contract Labour (Regulation and Abolition) (Gujarat)
Rules, 1972. (2)
They
shall come into force on the dated of their publication in the Official
Gazette. In these rules, unless the subject or context
otherwise requires - (a)
"Act"
means the Contract Labour (Regulation and Abolition) Act, 1970; (b)
"Appellate
Official" means the Appellate Officer nominated by the State Government
under sub-Section (1) of Section 15; (c)
"Board"
means the State Advisory Contract Labour Board consituted under Section 4; (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; [1][(ff) Local resident'
means a person residing in the State of Gujarat for not less than the
immediately preceding fifteen years"]. (g)
"Section"
means a section of the Act; (h)
Words
and expressions used but not defined in these rules shall have the meanings
assigned to them under the Act. The Board shall consist of the following
members (a)
a
Chairman to be appointed by the State Government; (b)
the
State Labour Commissioner ex-officio; or in his absence, any other officer
nominated by the State Government in this behalf; (c)
one
person representing the State Government, to be appointed by the Government
from amongst its officials. (d)
four
persons, representing the employers in the industry and the contractors to whom
the Act applies, to be appointed by the State Government, after consultation
with such employers and contractors or their organisations, if any. (e)
four
persons, representing the employees in the industry and employees of
contractors to whom the Act applies, to be appointed by the State Government,
after consultations with such organisations, if any, of employees representing
the respective interests. (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)
The
member of the Board, referred to in clause (c) of rule 3, shall hold office as
such during the pleasure of the Governor. (3)
Each
of the members of the Board referred to in clause (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 members 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 State Government or the
body which appointed or nominated him may, by notice in writing signed on its
behalf and by such member and addressed to the Chairman of the said Board,
nominate a substitute in his place to attend 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 the meeting shall be binding on the said body. (1)
A
member of the Board, not being as an ex-Officer member may resign his office by
a letter in writing addressed to the State Government. (2)
The
office of such a member shall fall vacant from the date on which his
resignation is accepted by the State Government or on expiry of thirty days
from the date of receipt of the letter of resignation by the State Government,
whichever is earlier.][2] 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 meetings 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. (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), the State Government shall decide the same. The State Government 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. 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 by making an appointment from amongst the category of
persons to which a person vacating membership belonged and the person so
appointed shall hold office for the reminder of the term of office of the
member in whose place he is appointed. (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 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. (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 I
officers of the State Government and daily allowance shall be calculated at the
maximum rate admissible to Grade I officers of the State Government. 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. Explanation - "Chairman' for the purpose
of this Rule shall include the Chairman nominated under rule 13 to preside over
a meeting. (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)
Ordinarily
seven day's 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 that meeting without the permission of the chairman. No business shall be transacted at any
meeting unless at least four members are present thereat: 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. (1)
(i)
The Board may constitute such committees and for such purpose or purposes as it
may think fit. (ii) White constituting the Committee the
Board may nominate one of its members to be the Chairman of the Committee. [3][(2) (i) The
Committee shall meet at such times and places as the Chair man of the said
Committee may decide. (ii) The provisions of rule 12, sub-rule(2)
of rule 13 and rules 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 5 shall be "one-third of
the members' instead of "four 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 members of the Board. CHAPTER
III: REGISTRATION AND LICENSING (1)
The
application referred to in sub-section (1) of Section 7 shall be made in
triplicate in Form I, to the registering officer notified under Section 6. (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,
granted as acknowledgment to the applicant. (1)
The
certificate of registration granted under sub-section (2) of Section 7 shall be
in Form II; (2)
The
registering officer shall maintain a register in Form III, showing the
particulars establishments in relation to which certificates of registration
have been issued by him. (3)
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 charge takes place, the particulars of, and the reasons
for such change. (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 tails to do so, the registering
officer shall reject the application for registration. (1)
Where
on receipt of the intimation under sub-rule (3) 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(3) of rule 18, the
registering officer is satisfied that there has occurred a change in the
particulars of the establishment, as entered in the register in Form III, he
shall amend the said register and record therein the change which has occurred; Provided that no such amendment shall effect
anything done or any action taken or any right obligation or liability acquired
or incurred before such amendment: Provided further that the register officer
shall not carry out any amendment in the register in Form III unless the
appropriate fees have been deposited by the principal employer. (1)
Every
application by a contractor for the grant of a licence shall be made in
triplicate in Form IV, to the licensing officer notified under section 11. (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 applicant has been
employed by him as a contractor in relation to his establishment and that he
undertakes to be bound by ail the provisions of the Act and the rules made
thereunder in so far as the provisions are applicable to his as principal
employer in respect of the employment of contract labour by the applicant. (3)
Every
such application shall be either personally delivered at 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 nothing thereon the date of respect of the application grant an
acknowledgment 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. In granting or refusing to grant a licence,
the licensing officer shall take the following matters into account, namely. (a)
whether
the applicant - (i)
is
a minor, or (ii)
is
of unsound mind and stands so declared by a competent Court, or (iii)
is
an discharged 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. [4][(v) has undertaken
to recruit eighty five percentage of the Contract Labour in the categories of
Skilled, Semi-Skilled and Unskilled from amongst the local residence of
Gujarat"]. (b)
whether
there is an order of the State Government or an award of settlement for the
abolition of contract labour in respect of the particular type of work in the
establishment for which the applicant is a contractor; (c)
whether
any order has been made in respect of the applicant under sub-section (1) of
section 14, 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
the security has been deposited by the applicant at the rates specified in rule
24. (1)
On
receipt of the application, and as soon as possible thereafter, the licensing
officer shall make such enquiry as he considers necessary to satisfy himself
about the eligibility of the applicant for a licence and if he is satisfied
about the eligibility, he shall grant the 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. Before a licence is issued, an amount
calculated at the rate of [5][Rs.
270] for each of the workman to be employed as contract labour, in respect of
which the application for licence has been made, shall be deposited by the
contractor for due performance of the conditions of the licence and compliance
with the provisions of the Act and the rules made thereunder. Every licence granted under rule 23 shall be
in Form VI (1)
The
fees to be paid for the grant of 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)
10
or more, but not exceed 50 Rs. 450/- (b)
exceeds
50 but does not exceed 100. Rs. 900/- (c)
exceeds
100 but does not exceed 200. Rs. 2400/- (d)
exceeds
200 but does not exceed 400. Rs. 3600/- (e)
exceeds
400. Rs. 4500/- (2)
The
fees to be paid for the grant of a licence under section 12 shall be as
specified below, namely. If the number of workmen employed by the
contractor on any day, (a)
10
or more but not exceed 50 Rs. 113/- (b)
exceeds
50 but does not exceed 100, Rs. 225/- (c)
exceeds
100 but does not exceed 200, Rs. 450/- (d)
exceeds
200 but does not exceed 400, Rs. 900/- (e)
exceeds
400 Rs. 1125/-][6] Every licence granted under rule 25 or
renewed under rule 29 shall remain in force for twelve months from the date is
granted or renewed. In case of the Licences existing before
comming into force, the Contract Labour (Regulation and Abolition) (Gujarat) Rules,
1972, the Contractor shall have to comply with this rules as amended by said
amending rules, within a period of three months from the date of commencement
of the said amending rules."][7] (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 to the
licensing officer an application stating the nature of the amendment and reasons
therefor. (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. (1)
Every
contractor shall apply to the licensing officer for renewal of the licence. (2)
Every
such application shall be in Form VII is triplicate and shall be made not less
than thirty days before the date on which the licence expires, and if the
application is 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
there of: Provided that if the application for renewal
is not received within the time specified in sub-rule (2), a fee of 25 per cent
in excess of the fee ordinarily payable for the licence shall be payable for
such renewal; Provided further that in case where the
licensing officer is satisfied that the delay in submission of the application
is due to unavoidable circumstances beyond the control of the contractor, he
may reduce or remit as he thinks fit the payment of such excess fee. Where a certificate of registration or a
licence granted or renewed under the preceding rules has been lost, defeced or
accidentally destroyed, a duplicate may be granted on payment of fees of [8][Rs.
45/-] (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 conditions of licence or there is no order under
section 14 of 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. (1)
Where
conditions arise in an establishment requiring the employment of contract
labour immediately and such employment is estimated to last for not more than
fifteen days, the Principal Employer of the establishment or the contractor, as
the case may be, may apply for a temporary certificate of registration or
licence to the registration 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 [9][Form
VII] and X respectively and shall be accompanied by a tresurely receipt [10][x
x x] showing the payment of appropriate fees and in the case of licence the
appropriate amount of security also. (3)
On
receipt of the application, complete in all respects, and on being satisfied
either on affidavit by the applicant or otherwise that the work in respect of
which the application has been made would be finished in a period of fifteen
days and was of 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 the registration in Form IX or a licence in
Form XI as the case may be, for a period of not more than fifteen days. (4)
Where
a certificate of registration or licence is not granted the reasons therefor
shall be recorded by the registrating officer or the licensing officer as the
case may be. (5)
On
the expiry of the validity of the registration certificate the establishment
shall cease to employ in the establishment contract labour in respect of which
the certificate was given. (6)
The
fees to be paid for the grant of the certificate of registration under
sub-rule(3) shall be as specified below : If the number of workmen proposed to be
employed on contract on any day - [11][(a) 10 or more but
does not exceed 50. Rs. 90/- (b) exceeds 50 but
does not exceed 200. Rs. 180/- (c) exceeds 200 Rs.
270/-] (7)
The
fees to be paid for the grant of a licence under sub-rule(3) shall be as
specified below. If the number of workmen proposed to be
employed on contract on any day - [12][(a) 10 or more but
does not exceed 50. Rs. 100/- (b) exceeds 50 but
does not exceed 200, Rs. 300/- (c) Exceeds 200 but
does not exceed 1000 Rs. 500/- (d) exceeds 1000 Rs.
1000/-]. (8)
The
provision of rule 23 and rule 24 shall apply to the refusal to grant licence or
to grant licence under sub-rule(4) and sub-rule (5) respectively. CHAPTER
IV : APPEALS AND PROCEDURE (1)
(i)
Every appeal under sub-section (1) of section 15 shall be preferred in the form
of memorandum signed by the appellant or his authorised agent and presented to
the Appellate Officer in person or sent to him by registered post. (ii) The memorandum shall be accompanied by a
certified copy of the order appealed from and a Treasury receipt of rupees 10. (2)
The
memorandum shall set forth concisely and under distinct heads the grounds of
appeal to the order appealed from. (1)
Where
the memorandum of appeal does not comply with the provisions of sub-rule (2) of
rule 33, it may be rejected or returned to appellant for the purpose of being
amended within a time to be fixed by the Appellate Officer. (2)
Where
the Appellate Officer rejects the memorandum under sub-rule (1) he shall record
the reason for such rejection, and communicate the order to the appellant. (3)
Where
the memorandum of appeal is in order the Appellate Officer shall admit the
appeal, endorse thereon the date of presentation and shall register the appeal
in a book to be kept for the purpose called the Register of Appeals. (4)
(i)
When the appeal has been admitted, the Appellate Officer shall send the notice
of the appeal to the Registering Officer or the Licensing Officer as the case
may be from whose order the appeal has been preferred and the Registering
Officer or the Licensing Officer shall send the record of the case to the
Appellate Officer. (ii) On the 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. If on the date fixed for hearing, the
appellant does not appear, the Appellate Officer may dismiss the appeal for
default of appearance of the appellant. (1)
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. (2)
Such
an application shall, unless the Appellate Officer extends the time for
sufficient reason, be made within 30 days of the date of dismissal. (1)
If
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. Unless otherwise provided in these rules all
fees to be paid under these rules shall be paid in the local treasury under the
head of account "XXXII-Misc.-Social and Development Organisations Licence
Fees (State),' and a receipt obtained which shall be submitted with the
application or the memorandum of appeal as the case may be. Copy of the order of the Registering Officer,
Licensing officer or the Appellate Officer may be obtained on payment of fees
of rupees two for each order on an application specifying the date and other
particulars of the order, made to the officer concerned. CHAPTER
V: WELFARE AND HEALTH OF CONTRACT LABOUR (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
the contractor in the case of the existing establishment within seven days of
the commencement 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 (1) 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. (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 it likely to continue for 3 months or more the
contractor shall provide 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 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 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 square meter for each
person making use of the rest room. (6)
The
rest-room or rooms or other suitable alternative accommodation shall be so
constructed so as to afford adequate protection against heat, wind, rain and
shall have smooth hard and impervious 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 wholesome
drinking water. (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 facilities 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 60 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 facilities within the time laid
down the same shall be provided by the principal employer within sixty days of
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. (1)
The
canteen shall consist of atleast a dining hall, kitchen store room, pantry and
washing places separately for workers and for utensils. (2)
(i)
The Canteen shall be sufficient lighted at all times when any person has access
to it. (ii) The floor shall be made of smooth and
impervious material and inside walls shall be lime washed or colour-washed
atleast 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 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. (1)
The
dining hall shall accommodate at a time atleast 30 percent of the contract
labour working at a time. (2)
The
floor area of the dining hall, execluding the area occupied by the service
counter and any furniture except tables and chairs shall be not less than one
square meter per dinner to be accommodated as prescribed in sub-rule (1). (3)
(i)
A portion of the dining hall and service counter shall be partitioned and
reserved for women workers, in proportion to their number. (ii) Washing place for women shall be
separate and screened to secure privacy. (4)
Sufficient
tables, stools, chairs or benches shall be available for the number of dinner
to be accommodated as prescribed in sub-rule (1). (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) The furniture, utensils and other
equipment shall be maintained in a clean and hygienic condition. (2)
(i)
Suitable clean clothes for the employees serving in the canteen shall also be
provided and maintained. (ii) A service counter, if provided, shall
have a top of smooth and impervious materials. (iii) Suitable facilities including an
adequate supply of hot water shall be provided for the cleaning of utensils and
equipment. The food stuffs and other items to be served
in the canteen shall be in conformity with the normal habits of the contract
labour. The charges for food stuffs, beverages and
any other items served in the canteen shall be based on no profit no loss and
shall be conspicuously displayed in the canteen. In arriving at the prices of foodstuffs and
other articles served in the canteen 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; (c)
the
cost of purchase, repairs and replacement of equipments including furniture,
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 provisions and maintenance of furniture
and equipment provided for in the canteen. The books of accounts and registers and other
documents used in connection with the running of the canteen shall be producted
on demend to an inspector. The accounts pertaining to the canteen shall
be audited once every 12 months by registered accountant and auditors; Provided that the Labour Commissioner may
approve of any other 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. 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 25 females; (b)
where
males are employed, there shall be at least on 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, upto the first 100, and one for every
50 thereafter. Every latrine shall be under cover and so
partitioned off as to secure privacy, and shall have a proper door and
fastenings. (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. There shall be at least one urinal for male
workers upto 50 and one for female workers upto 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 upto the first 500 and one for
every 100 males or females or part thereof. (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. Water shall be provided by the means of tap
or otherwise so as to be conveniently accessible in or near the latrine and
urinals. (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
females workers. (3)
Such
facilities shall be conveniently accessible and shall be kept in clean and
hygeinic condition. In every establishment comin within the scope
of the Act there shall be provided and maintained so as to be readily
accessibles 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. (1)
The
first-aid box shall be distinctively marked with a red cross on a transparent ground
and shall contain the following equipment, namely. (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 sixe sterilized dressings. (iv)
3
large sterilized burn dressings. (v)
1(30
ml.) bottle containing a 2 percent alcoholic solution of Iodine. (vi)
1(30
ml.) bottle containing salvola-tile having the dose and mode of administration
indicated on the label. (vii)
1
snake-bite lancet. (viii)
1(30
gm.) 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 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 exceeds 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
ml.) bottle containing two percent alcoholic solution iodine; (vii)
1(60
ml.) bottle containing slavolatils having the dose and mode of administration
indicated on the level; (viii)
1
roll 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 Institute, Government of India; (xiii)
a
bottle containing 100 tablests (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. Nothing except the prescribed contents shall
be kept in the First-aid 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. A person incharge of the first-aid box shall
be a person trained first in treatment, in establishments where the number of
contract labour employed is 150 or more. The contractor shall fix wage periods in
respect of which wages shall be payable. No wage periods exceed one month. The wages of every person employed at
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 and in other cases before the expiry of tenth day after the last
day of the wage period in respect of which the wages are payable. 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 second working day from the day on which his employment is
terminated. 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 48 hours of the last working
day. Wages due to every workder shall be paid to
him direct or to other person authorised by him in this behalf. All wages shall be paid in current coin or
currency or in both. 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 (4 of
1936). 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 thereof shall be sent by the contractor to the Principal Employer
under acknowledgment. The Principal Employer shall ensure the
presence or his authorised representative at the place and time of disbursement
of wages by the contractor to ensure the disbursement of wages in the presence
of such authorised representative. The authorised 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 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 workman
concerned in my presence on ................................ at
................................................" CHAPTER VII:
REGISTERS AND RECORDS AND COLLECTION OF STATISTICS Every principal employer shall maintain in respect of each
registered establishment a register of contractors in Form XII. Every contractor shall maintain in respect of each
registered establishment where he employs contract labour a register in Form
XIII. (1)
Every contractor shall issue an
employment card in Form XIV to each worker within three days of the employment
of the worker. (2)
The card shall be maintained upto date
and any changed in the particulars entered therein. 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 XV. (1)
In respect of establishments which are
governed by the payment of wages Act, 1936(4 of 1936) and the rules made
thereunder, or he Minimum wages Act, 1948(11 of 1948) and the rules made
thereunder, the following registers and records required to be maintained by
the contractors as employer under those Acts and the 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; (c) Register of Deductions; (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 a Register of wages in Form XVI and Form XVII
respectively; Provided that a combined muster-cum-wages register in Form
XVIII shall be maintained by the contractor where the wages period is a
fortnight or less. (b)
Where the wage period is one week or
more the contractor shall issue wage slips in Form XIX to the workers at least
a day prior to the disbursement of wages. (c)
Signature or thumb-impression of every
worker on the register of wages or wages-cum-muster roll as the case may be,
shall be obtained and entries therein, shall be authenticated by the initials
of the contractor or his representative and duly certified by the authorised
representative of the Principal Employer as required by rule 73. (d)
The Registers of deductions for demage
or loss, Register of fines and Register of Advances shall be maintained by
every contractor in Forms XX, XXI and XXII respectively. (e)
A Register of over time shall be
maintained by every contractor in Form XXIII to record therein number of hours
and wages paid for overtime work, if any. Every contractor shall display an abstract of the Act and
rules in English and Gujarati at some conspicuous and convenient place in the
establishment or other place of employment and they shall be maintained in a
clean and legible condition. The abstracts shall be in such form as may be
approved by the Commissioner of Labour. (1)
All registers and other records
required 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 kilometers. (2)
Such registers shall be maintained
legibly in English or Gujarati. (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 persons authorised in
that behalf by the State Government. (5)
Where no deduction or fine has been
imposed or no overtime has been worked during any wage period, a
"nil" entry shall be made across the body of the register at the end
of the wage period indicating also in precise terms the wage period to which
the "nil" entry relates, in the respective registers maintained in
Forms XX, XXI and XXIII respectively. (1)
(i) Notices showing the rate of wages,
hours of work, wage periods, dates of payment of wages, name and addresses of
the Inspectors having jurisdiction and date of payment of unpaid wages, shall
be displayed in English and in Gujarati and 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. (1)
Every contractor shall send half
yearly return in Form XXIV (in duplicate) so as to reach the Licensing Officer
not later than 30 days from the close of the half year. Note. Half year for the purpose of this rule means "a
periods of six months commencing from the 1st January, and 1st July of every
year.' (2)
Every principal employer of a
registered establishment shall send annually a return in Form XXV (in
duplicate) so as to reach the Registering Officer not later than the 15th
February following the end of the year to which it relates. (1)
The Board, Committee the Labour
Commissioner or the Inspector or any 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(i) shall be legally bound to do so. [1] Added by Noti. No.
GR-2003-157-CLA-1098-M(3), Dated 7.11.2003, Published in G.G.Gaz Pt. IV-A,
dated 20.11.2003, p.124. [2] Substituted by
Notification No. KH-SH-755-CLA-1074-74092-JH dated 29-10-75. [3] Substituted by
Notification No. KH-SH-755-CLA-1074-74092-JH dated 29-10-75. [4] Inserted by
Notification No. GR-2003-157-CLA-1098-M(3), Dated 7.11.2003, Published in
G.G.Gaz Pt. IV-A, dated 20.11.2003, p.124. [5] Substituted by no.
GR-92-97-CLA-1088-2073 M(3) dated 14-5-92, dated 14.5 1992 for "Rs. 30/-'
and substituted by No. CR/2000/55/CLA/1098/1479 M(3) dt 10-4-2000 for "Rs.
90/-.' [6] Substituted by No.
GR-92-97-CLA-1088-2073 M(3) dated 14-5-92. dated 14.5.1992 and further
substituted by above Notification No. [7] Inserted by
Notification No. GR-2003-157-CLA-1098-M(3), Dated 7.11.2003, Published in
G.G.Gaz Pt. IV-A, dated 20.11.2003, p.124. [8] Substituted for
"Rs. 15/-" by Notification NO. CR/2000/55/CLA/1098/1479/M(3) dated
10-4-2000. [9] Substituted by
Notification No. KH-SH-15-CLA-1075 JH. dated 8-1-76. [10] Omitted by
Notification No. KH-SH-15-CLA-1075 JH. dated 8-1-76. [11] Clause (a), (b) &
(c) substituted by No. GR-92-97-CLA-1088-2073-M(3) dated 14-5-92, dated
14.5.1992 again substituted for Rs. 30, Rs. 60 & Rs. 60 & Rs. 90 by
Noti. No GR/2000/55/CLA/1098/1479/M(3) dt 10-4-00 w.e.f 25-4-00 [12] Clause (a), (b) &
(c) substituted by No. GR-92-97-CLA-1088-2073-M(3) dated 14-5-92, dated
14.5.1992 again substituted for Rs. 30, Rs. 60 & Rs. 60 & Rs. 90 by
Noti. No GR/2000/55/CLA/1098/1479/M(3) dt 10-4-00 w.e.f 25-4-00CONTRACT
LABOUR (REGULATION AND ABOLITION) (GUJARAT) RULES, 1972
Rule – [27-A.