UTTAR PRADESH CONTRACT
LABOUR (REGULATION & ABOLITION) RULES,
1975
PREAMBLE
In exercise of the powers
conferred by sub-section (1) of section 35 of the Contract Labour (Regulation
and Abolition) Act, 1970 (Act No. 37 of 1970), the Governor is pleased to make
the above rules in respect of, the matters connected with regulation and
abolition of contract labour.
CHAPTER I PRELIMINARY
Rule 1. Short title, extent and commencement.-
(1) These rules may be called the Uttar Pradesh Contract Labour
(Regulation and Abolition) Rules, 1975.
(2) They shall apply to the whole of Uttar Pradesh.
(3) They shall come into force with effect from the date of their
publication in the Gazette.
Rule 2. Definitions.-
In these rules, unless the
subject or context otherwise requires-
(a) "Act" means the Contract Labour (Regulation and
Abolition) Act, 1970;
(b) "Appellate Officer" means the Appellate Officer
nominated by the State Government under sub-section (1) of Section 15 of the
Act;
(c) "Award" shall have the meaning assigned to it in
section 2(c) of the U.P. Industrial Disputes Act, 1947;
(d) "Board" means the State Advisory Contract Labour
Board constituted under sub-section (1) of Section 4 ;
(e) "Chairman" means the Chairman of the Board ;
(f) "Committee" means a Committee constituted under
sub-section (1) of Section 5 ;
(g) "Form" means a from appended to these rules ;
(h) "Inspector" means an inspector appointed under
sub-section (1) of Section 28 of the Act;
(i)
"Licensing Officer"
means a Licensing Officer appointed under clause (a) of section 11 of the Act;
(j)
"Registering Officer"
means a Registering Officer appointed under Section 6 of the Act;
(k)
"Section" means a
Section of the Act;
(l)
"Settlement" shall have
the meaning assigned to it in Section 2(t) of the U. P. Industrial Disputes
Act, 1947 ; and
(m)
"State Government"
means the Government of Uttar Pradesh.
CHAPTER II STATE
BOARD
Rule 3. Board [Section 4(2)].-
[The Board shall consist of the following members:
(a) a chairman to be appointed by the State Government;
(b) the Labour Commissioner, Uttar Pradesh, ex-officio, or in his
absence any other officer nominated by the State Government in that behalf ;
(c) two persons representing the State Government to be nominated
by the State Government from amongst its officials ;
(d) two persons representing the industry, two persons
representing the contractors, four persons representing the workmen and one
person representing any other interest, which in the opinion of the State
Government ought to be represented, to be nominated by the State Government.]
Rule 4. Terms of office [ Sections 4(3), 35(2)(a)].-
(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 Gazette.
(2) Each of the members of the Board, nominated by the State
Government under clauses (b) and (c) of rule 3, shall hold office as such
during the pleasure of the Governor.
(3) Each of the members referred to in clause (d) 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 Gazette :
Provided that where the
successor of any such member has not been notified in the 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 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 rights of a member in respect of that
meeting and any decision taken at the meeting shall be binding on the said
body.
Rule 5. Resignation [ Section 4(3)].-
A member of the Board not
being an ex officio member or a member representing the State Government, may
resign his office by a letter in writing addressed to the State Government and
on such resignation being accepted by the Government, his office shall fall
vacant on the date on which such resignation is accepted.
Rule 6. Cessation of membership [Sections 4(2) and 35].-
If any member of the Board,
not doing an ex-officio member or a member representing the State Government,
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.
Rule 7. Disqualification for membership [Sections 4(3) and 35].-
(1) A person shall be disqualified for being nominated 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 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.
Rule 8. Removal from membership [Sections 4(3) and 35(2)(a)].-
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.
Rule 9. Vacancy [Sections 4(2) and 35].-
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 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 [Sections 4(2) and 35].-
(1) (i) The Government may appoint one of its officials as
Secretary of 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.
Rule 11. Allowances of members [Section 5(3)].-
(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 a meeting of the Board at such rates as are
admissible to Class I Officers of the State Government and daily allowance
shall be calculated at the maximum rate admissible to Class I Officers of the
State Government in their respective places.
Rule 12. Disposal of business [Sections 5(2) and 35(2)(b)].-
Every question which the
Board is required to take into consideration shall be considered at a meeting,
or, as 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.
Rule 13. Meetings [Sections 5(2) and 35(2)(b)].-
(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 meetings and list of business [Sections 5(2) and 35(2)(b)].-
(1) Ordinarily fifteen days' notice shall be given to other
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.
Rule 15. Quorum [Sections 5(2) and 35(2)(b)].-
No business shall be
transacted at any meeting unless at least four members are present:
Provided that if at any
meeting less man 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 off the business at the adjourned meeting whether
there is prescribed quorum or not, and it shall thereupon be lawful for him to
dispose off the business at the adjourned meeting irrespective of number of the
members attending.
Rule 16. Committee of the Board [Section 5].-
(1) (i) The Board may constitute such Committee and for such
purpose or purposes as it may think fit.
(ii) While
constituting a committee, the Board may nominate one of its members to be the
Chairman of the Committee.
(2) The Committee shall meet at such times and places as the
Chairman of the -said Committee may decide and the Committee shall observe
rules of procedure in regard to the transaction of business at its meeting as
it may decide upon.
(3) The provisions of rule 11 shall apply to the members of the
committee for attending the meeting of me committee as they apply to the
members of the Board.
CHAPTER III REGISTRATION
AND LICENSING
Rule 17. Manner of making application for registration of establishment [Sections 7(1) and 35(2)(c)].-
(1)
The application referred to in sub-section (1) of Section 7 shall be
made in triplicate, in Form I to the registering officer of the area in which
the establishment sought of be registered is located.
(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 the receipt by him
of the application, grant an acknowledgment to the applicant.
Rule 18. Grant of certificate of registration (Sections 7(2) and 35(2)(c)].-
(1)
The certificate of registration granted under sub-section (2) of Section
7 shall be in Form No. II.
(2)
Every certificate of registration granted under sub-section (2) of
Section 7 shall contain the following particulars, namely-
(a)
the name and address of the establishment;
(b)
the maximum number of workmen to be employed as contract labour in the
establishment;
(c)
the type of business, trade, industry, manufacture or occupation which
is carried on in the establishment;
(d)
such other particulars as may be relevant to the employment of contract
labour in the establishment.
(3)
The registering officer shall maintain a register in Form No. III
showing the particulars of establishment 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 registration 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 [Sections 7(2) and 35(2)(c)].-
(1)
If any application for registration is not complete in all respects,
registering officer shall require the principal employer to amend the
application so as to make it complete in all respects.
(2)
If the principal employer, on being required by the registering officer
to amend this 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 [Section 8].-
(1)
Where, on receipt of the intimation under sub-rule (4) of rule 18; the
registering officer is satisfied that an amount higher than the amount which
has been paid by the principal employer as fees for the registration of the
establishment is payable, he shall require such principal employer to deposit a
sum which, together with the amount already paid by such principal employer,
would be equal to such higher amount of fees payable for the registration of
the establishment and to produce the treasury receipt showing such deposit.
(2)
Where, on receipt of the intimation referred to in sub-rule (4) of rule
18, the registering officer is satisfied that there has occurred a change in
the particulars of the establishment, as entered in the register in Form ID, he
shall amend the said register and record therein and in the change which has
occurred :
Provided mat 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
registering officer shall not carry out any amendment in the register in From
No. IE unless the appropriate fee have been deposited by the principal
employer.
Rule 21. Application for a licence [Sections 13(1) and 35(2)(d)].-
(1)
Every application by a contractor for the grant of a licence shall be
made in triplicate, in Form No. IV, to the Licensing Officer of the area in
which the establishment, in relation to which he is the contractor, is located
(2)
Every application for the grant of a 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 all the provisions of the
Act and the rules made thereunder in so far as the provisions are applicable to
him as principal employer in respect of the employment of contract labour by
the applicants.
(3)
Every such application shall be either personally delivered to the
Licensing Officer or sent to him by registered post.
(4)
In receipt of the application referred to in sub-rule (1), the Licensing
Officer shall after noting thereon the date of receipt of the application,
grant an 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.
Rule 22. Matters to be taken into account in granting or refusing a licence [Sections 14(1) and 35(2)(c)].-
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 stand so declared by a competent court, or
(iii)
is an undischarged insolvent, or
(iv)
has been convicted (at any time during a period of five years
immediately preceding the date of application) of an offence which, in the
opinion of the State Government, involves moral turpitude;
(b)
whether there is an order of the appropriate Government or an award or
settlement for the abolition of contract labour in 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, 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 [Sections 14(1) and 35(2)(e)].-
(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.
(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
reason for the refusal and shall be communicated to the applicant.
Rule 24. Security [Sections 12(2) and 35(2)(f)].-
Before a licence is issued, an amount calculated at tie rate of Rs. 30
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 thereunder :
Provided that where the contractor
is a co-operative society, the amount deposited as security shall be at the
rate of Rs. 5 for each of the workmen to be employed as a contract labour.
(2) The amount of security deposit
shall be paid in the local treasury under the head of account "843 -Civil
Deposits-Security Deposits".
Rule 25. Form and terms and conditions of licence (Sections 12(2) and 35(2)(f)].-
(1)
Every licence granted under sub-section (1) of Section 12 shall be in
Form VI.
(2)
Every licence granted under sub-rule (1) or renewed under rule 22 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 of 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, 1948 (II of 1948)
for such employment where applicable, and where the rates have been fixed by
agreement, settlement or award, not less than the rates so fixed;
(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, U. P., whose decision shall be final;
(b) in other cases the: wage
rates, holiday, hours of work and conditions of service of the workmen of the
contractor shall be such as may be specified in this behalf by the Labour
Commissioner, Uttar Pradesh.
Explanation. - While determining
the wage rates, holidays, hours of work and other conditions of service under
(b) above, the Labour Commissioner, U. P. shall have due regard to the wage
rates, holidays, hours of work and other conditions of service obtaining
similar employments;
(vi)
(a) in every establishment where twenty or more workmen 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 bedroom for the children;
(c) the contractor shall supply
adequate number of toys and games in the play-room and sufficient number of
cots and beddings in the sleeping room;
(d) the standard of construction
and maintenance of the creches shall be such as may be specified in this behalf
by the Labour Commissioner, UP.;
(vii)
the licensee shall notify any change in the number of workmen or the
conditions of work to the licensing officer.
Rule 26. Fees [Sections 13(3) and 85(2)(f)].-
(1)
The fees to be paid for the grant of a certificate of registration under
section 7 shall be as specified below, namely : If the number of workmen
employed by the contractor on any day-
|
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|
|
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Rs.
|
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(a) is 20
|
|
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...
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20
|
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(b) exceeds 20 but does not exceed
|
50
|
|
|
50
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(c) exceeds 50 but does not exceed
|
100
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|
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100
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(d) exceeds 100 but does not exceed
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200
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200
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(e) exceeds 200 but does not exceed
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400
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400
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(f) exceeds 400
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500
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(2)
The fees to be paid for the grant of renewal of licence under Section 12
shall be as specified below :
If the number of workmen employed
by the contractor on any day -
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(a) is 20
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|
...
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Rs.
5.00
|
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(b) exceeds 20 but does not exceed
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50
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...
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...
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12.50
|
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(c) exceeds 50 but does not exceed
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100
|
...
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...
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25.00
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(d) exceeds 100 but does not exceed
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200
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...
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...
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50.00
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(e) exceeds 200 but does not exceed
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400
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...
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...
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100.00
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(f) exceeds 400
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...
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...
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...
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125.00
|
Rule 27. Validity of licence (Sections 12(3) and 35(2)(f)].-
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 [Sections 13(3) and 35(2)(g)].-
(1)
A licence issued under rule 25 or renewed under rule 20 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 has been ordinarily 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.
Rule 29. Renewal of licence [Sections 13(3) and 35(2)(f)].-
(1)
Every contractor shall apply to the Licensing Officer for renewal of the
licence.
(2)
Every such application shall be in Form VII in triplicate and shall be
made not less than thirty days before the date on which the licence expires and
if the application is so made, the licence shall be deemed to have been renewed
until such date when the renewed licence is issued.
(3)
The fees changeable 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 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
contractor, he may reduce or remit as he thinks fit the payment of such excess
fee.
Rule 30. Issue of duplicate certificate of registration or licence [Sections 13(3) and 35(2)(f)].-
Where a certificate of registration or a licence granted or renewed
under the preceding rules has been lost, defaced or accidentally destroyed a
duplicated may be granted on payment of fees of rupees five.
Rule 31. Refund of security [Sections 13 and 35(2)].-
(1)
(i) On the expiry of the period of licence the contractor may, if he
does not intend to have his licence renewed, make no 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 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, shall be 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 of 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 establishment or the
contractor, as the case may be, may apply for a temporary certificate of
registration or licence to the registering officer or the Licensing Officer, as
the case may be, having jurisdiction over the area in which the establishment
is situated.
(2)
The application for such temporary certificate of registration or
licence shall be made in triplicate in Forms VIII and X respectively and shall
be accompanied by a treasury receipt or a crossed postal order drawn in favour
of the appropriate registering or Licensing Officer as the case may be 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 a nature which could not but be carried out immediately
the registering officer or the Licensing Officer, as the case may be, shall
forthwith grant a certificate of registration in Form IX or licence in Form XI,
as the case may be, for a period of not more man fifteen days.
(4)
Where a certificate of registration or licence is not granted, the
reasons therefor shall be recorded by the registering officer or the Licensing
Officer, as the case may be.
(5)
On the expiry of the validity of the registration certificate, the establishment
shall cease to employ in the establishment contract labour in respect of which
the certificate was given.
(6)
The fees to be paid for the grant of the certificate of registration
under sub-rule (3) shall be as specified below :
If the number of workmen proposed
to be employed on contract on any day -
Rs.
(a)
exceeds 20 but does not exceed 50. 10.00
(b)
exceeds 50 but does not exceed 200 20.00
(c)
exceeds 200 30.00
(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 to be
employed by the contractor on any day -
Rs.
(a)
exceeds 20 but does not exceed 50. 8.00
(b)
exceeds 50 but does not exceed 200 20.00
(c)
exceeds 200 30.00
(8)
The provision of rules 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
Rule 33. Appeals and procedure [Sections 15(1) and 35(2)(b)].-
(1) (i) Every appeal under sub-section (1) of section 15 shall be
referred in the form of a memorandum signed by the appellant or his authorised
agent and presented to the appellate office 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 for rupees 10.
(2) The memorandum shall set forth concisely and under distinct
heads the grounds of appeal to the order appealed from.
Rule 34. Rejection of amendment of appeals [Sections 15 and 35(2)(b)].-
(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 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.
(3) (i) When the appeal has been admitted, the appellate officer
shall send the notice of the appeal to the registering officer or the licensing
Officer as the case may be from whose order the appeal has been preferred and
the registering officer or the Licensing Officer shall send the record of the
case to the appellate officer.
(ii) On receipt
of the record, the appellate officer shall send a notice to the appellant to
appear before him at such date and time as may be specified in the notice for
the bearing of the appeal.
Rule 35. Dismissal of appeal [Sections 15 and 35(2)(b)].-
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.
Rule 36. Restoration of appeal [Sections 15 and 35(2)(b)].-
(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 reasons, be made within thirty days of the date
of dismissal.
Rule 37. Decision of appeal [Sections 15 and 35(2)(b)].-
(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.
Rule 38. Payment of fees [Section 35(c)].-
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 :
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Rule 39. Copies [Section 35(c)].-
Copies 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
Rule 40. Facilities to be provided by contractor [Sections 18 and 19 ].-
(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.
Rule 41. Rest-rooms [Sections 17(i) and 35(2)(j)].-
(1) In czery 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 provide an '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 any
establishment.
(2) If any amenity referred to in sub-rule (I) is not provided by
the contractor within the period prescribed the principal employer shall
provide the same within period of fifteen days of the expiry of the period laid
down in the said sub-rule.
(3) Separate rooms shall be provided for women employees.
(4) Effective and suitable provisions shall be made in every room
for securing and maintaining adequate ventilation by the circulation of fresh
air and there shall also be provided and maintained sufficient and suitable
natural or artificial lighting.
(5) The rest-room or rooms or other suitable alternative
accommodation shall be of such dimension 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 rooms or other suitable alternative
accommodation shall be so constructed as to afford adequate protection against
heat, wind, rain and shall have smooth, hard and impervious surface.
(7) The 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.
Rule 42. Provisions of canteen [Sections 16(1) and 35(j)].-
(1) In every establishment to which the Act applies and wherein
work regarding the employment of contract labour is likely to continue for six
months and wherein contract labour numbering one hundred or more are ordinarily
employed, an adequate canteen shall be provided by the contractor for the use
of such contract labour within sixty days of the date of coming into force of
the rules in the case of the existing establishment and within sixty days of
the commencement of the employment of contract labour in the case of new
establishment.
(2) If the contractor fails to provide the canteen within 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.
Rule 43. Canteen [Sections 16(1) and 35(2)(j)].-
(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) The floor shall be made of smooth and impervious material and
inside walls shall be lime-washed or colour-washed at least once in each year.
(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.
Rule 44. Dining hall [Sections 16(1) and 35(2)(j)].-
(1) The dining hall shall accommodate at a time at least 30 per
cent 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 dinner 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, stools, chairs, or benches shall be
available for the number of dinners to be accommodated as prescribed in
sub-rule (1).
Rule 45. Equipment [Sections 16(1) and 35(2)(j)].-
(1) (i) There shall be provided and maintained sufficient
utensils, crockery, cuttlery, furniture and any other equipment necessary for
the efficient running of the canteen.
(ii) The
furniture, utensil 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 material.
(iii) Suitable
facilities including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipment.
Rule 46. Prices to be displayed [Sections 16(1) and 35(2)(j)].-
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. Foodstuffs to be served [Sections 16(1)(c) and 35(2)(j)].-
The charges for foodstuffs,
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.
Rule 48. Canteens to be run on no profits no loss basis [Sections 16(1) and 35(2)(j)].-
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 equipment
including furniture, crockery, cuttlery 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. Books of accounts of canteens [Sections 16 and 35(1) and (2)(j)].-
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. Auditing of accounts of canteens [Sections 16 and 35(2)(j)].-
The accounts pertaining to
the canteen shall be audited once every twelve months by registered accountants
and auditors:
Provided that the Labour
Commissioner, U. P. may approve of any other person to audit the accounts, if
he is satisfied mat it is not feasible to appoint a registered accountant and
auditor in view of the site or other location of the canteen.
Rule 51. Latrines and urinals [Section 18(b) and 35(2)(j)].-
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 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 thereafter.
Rule 52. Proper door and fastenings of latrines [Sections 18(b) and 35(2)(j)].-
Every latrine shall be under
cover and so partitioned of as to secure privacy, and shall have a proper door
and fastenings.
Rule 53. Indication on the latrines and urinals [Sections 18(b) and 35(2)(j)].-
(i) 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.
(ii) The notice shall also bear the figure of man or of a woman,
as the case may be.
Rule 54. Number of urinals [Sections 18(b) and 35(2)(j)].-
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 thereafter.
Rule 55. Accessibility to latrines and urinals [Sections 18(b) and 35(2)(j)].-
(1) The latrines and urinals shall be conveniently situated and
accessible to workers at all times at the establishments.
(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.
Rule 56. Provision of water in latrines and urinals [Section 18(c)].-
Water shall be provided by
means of tap or otherwise so as to be conveniently accessible in or near the latrines
and urinals.
Rule 57. Washing facilities [Section 18(c)].-
(1) In every establishment coming within the scope of the Act
adequate and suitable facilities for washing shall be provided and maintained
for the use of contract labour employed therein.
(2) Separate and adequate screening facilities shall be provided
for the use of male and female workers.
(3) Such facilities shall be conveniently accessible and shall be
kept in clean and hygienic condition.
(4) The washing facilities shall include the provision of
adequate number of buckets and tumbler or mugs and water supply at the rate of
20 litres a day for each workmen employed.
Rule 58. First-aid facilities [Sections 19 and 35(2)(k)].-
In every establishment
coming within the scope of the Act there shall be provided and maintained so as
to be readily accessible during all working hours first-aid boxes at the rate
of not less than one box for 150 contract labour or part thereof ordinarily
employed.
Rule 59. Contents of First-aid box [Sections 19 and 35(2)(k)].-
(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
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 (30 ml.) bottle containing a two per cent alcoholic
solution of iodine,
(vi) 1 (30 ml.) bottle containing savelatile having the dose and
mode of administration indicated on the label,
(vii) 1 snake-bite lancet
(viii) 1 (30 gms.) bottle of potassium permanganate crystals,
(ix) 1 pair scissors.
(x) 1 copy of the first-aid leaflet issued by the Director
General, Factory Advice Service and Labour Institute, Government of India.
(xi) A bottle containing 100 tablets (each of 5 grains) of asprin.
(xii) Ointment for burns.
(xiii) A bottle of suitable surgical antiseptic solution.
(B) For establishment 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 burn dressings,
(v) 6 (15 gms.) packets strelized cotton wool,
(vi) 1 (60 ml.) bottle containing a two per cent alcoholic
solution of iodine.
(vii) 1(60 ml.) bottle containing savelatile having the dose and
mode of administration indicated on the label.
(viii) 1 roll of adhesive plaster.
(ix) A snake-bite lancet.
(x) 1 (30 gms.)bottle of potassium permanganate crystals.
(xi) One pair scissors.
(xii) One copy of the first-aid leaflet issued by the Director General,
Factory Advise Service and Labour Institute, Government of India.
(xiii) A bottle containing 100 tablets (each of 5 grains) of asprin.
(xiv) Ointment for burns.
(xv) A bottle of a suitable surgical antiseptic solution.
(2) Adequate arrangement shall be made for immediate recoupment
of the equipment when necessary.
Rule 60. Duly prescribed content in first-aid Box [Sections 10 and 35(2)(k)].-
Nothing except the
prescribed contents shall be kept in the First-aid Box.
Rule 61. Availability of First-aid Box [Sections 19 and 35(2)(k)].-
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.
Rule 62. Trained person as incharge of First-aid Box [Sections 19 and 35(2)(k)].-
A person in-charge of the
First-aid Box shall be a person trained in First-aid Treatment, in
establishments where the number of contract labour employed is 150 or more.
CHAPTER VI
Rule 63. Fixation of wages [Sections 21 and 35(2)(1)].-
The contractor shall fix wage
periods in respect of which wages shall be payable.
Rule 64. Wage period [Sections 21 and 35(2)(1)].-
No wage period shall exceed
one month.
Rule 65. Payment of wages [Sections 21 and 35(2)(1)].-
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 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.
Rule 66. Payment of wages in case of termination of employment [Sections 21 and 35(2)(1)].-
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. Time and place of payment of wages [Sections 21 and 35(2)(1)].-
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.
Rule 68. Persons to whom wages are to be paid.-
Wages due to every worker
shall be paid to him direct or to other persons authorised by him in this
behalf.
Rule 69. Payment in current coins or currency [Sections 21 and 35(2)(1)].-
All wages shall be paid in
current coin or currency or in both.
Rule 70. Deductions from wages [Sections 21 and 35(2)(1)].-
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 (Act No. 4 of 1936).
Rule 71. Notices regarding time and place of disbursement of wages [Sections 21 and 35(2)(1)].-
A notice showing the wage
period and the place and time of disbursement of wages shall be displayed at
the place of work and a copy sent by the contractor to the principal employer
under acknowledgment.
Rule 72. Disbursement of wages before authorised representatives of the principal employer [Sections 21(2) and 35(2)(1)].-
The principal employer shall
ensure the presence of his authorised 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
authorised representative.
Rule 73. Register of wages [Sections 21(2) and 35(2)(1)].-
The authorised
representative of the principal employer shall record under his signature a
certificate at the end of the entries of 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......"
Rule 74. Register of Contractors [Section 29].-
Every principal employer
shall maintain in respect of each registered establishment a register of
contractor in Form XII.
Rule 75. Register of persons employed [Sections 29 and 35(2)(m)].-
Every contractor shall
maintain in respect of each registered establishment where he employs contract
labour a register in Form XIII.
Rule 76. Employment Card [Sections 29 and 35(2)(m)].-
(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 up to date and any change in the
particulars shall be entered therein.
Rule 77. Service Certificate [Sections 29 and 35(2)(m)].-
On termination of employment
for reason whatsoever the contractor shall issue to the workman whose services
have been terminated a service certificate in Form XVI.
Rule 78. Muster Roll, Wages Registers, Deduction Registers and Overtime Register [Sections 29 and 35(2)(m)].-
(1) In respect of establishment which are governed by the Payment
of Wages Act, 1936 (4 of 1936) and the rules made thereunder, or Minimum Wages
Act, 1948 (II of 1948) or the rules made thereunder, the following registers
and record required to be maintained by the contractor as employer under these
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 recovered 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 roll-cum-wages register in Form XVIII shall be maintained by the
contractor where the wage 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 workmen at least a day prior to the
disbursement of wages.
(c) Signature or thumb-impression of every worker on the register
of wages or wage-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) Register of deductions, fines and advances, registers of deductions
for damage or loss, register of fines and register of advances shall be
maintained by every contractor in Forms XX, XXI and XXII respectively.
(e) A register of overtime shall be maintained by every
contractor in Form XXIII to record therein number of hours and wages paid for
overtime work, if any.
(3) Notwithstanding anything contained in these rules, where a
combined or alternative form is sought to be used by the contractor to avoid
duplication of work of compliance with the provisions of any other Act or the
rules framed thereunder or any other laws or regulations or in cases where
mechanised pay rolls are introduced for better administration alternative
suitable 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, U. P.
Rule 79. Display of abstracts of Act and Rules [Sections 29 and 35(20)(m)].-
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 forms as may be approved by
the Labour Commissioner, U. P.
Rule 80. Maintenance of registers and other records [Sections 29 and 35(2)(m)].-
(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 precincts of the work place or at a place within a
radius of three kilometers.
(2) Such registers shall be maintained legibly in English or
Hindi.
(3) All the registers and other records shall be preserved in
original for a period of three calendar years from the date of last entry thereia
(4) All the registers, records and notices maintained under the
Act or rules shall be produced on demand before the Inspector or any other
authority under the Act or any person authorised in that behalf by the State
Government.
(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 and XXII respectively.
Rule 81. Display of notices [Sections 29 and 35(2)(o)].-
(1) (i) Notices showing the rates of wages, hours of work, wage
periods, date of payment of wages, names and addresses of the Inspector having
jurisdiction, and date of payment of unpaid wages shall be displayed in English
and Hindi and in the local language understood by the majority of the workers
in conspicuous places at the establishment and (sic) 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.
Rule 82. Submission of return [Sections 29 and 35(2)(n)].-
(1) Every contractor shall send half yearly return in Form XXIV
in duplicate so as to reach the Licensing Officer concerned not later than
twenty days from the close of the half 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 concerned not later than the 15th February following the
end of the year to which it relates.
Rule 83. Power to call information or statistics [Sections 29 and 35(2)(o)].-
(1)
The Board, Committee, Labour
Commissioner, U. P. 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.